BABURAJ T.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused for offence under Section 138 of the Negotiable Instruments Act, in S.T.No.3159/2014 on the file of the Judicial First Class Magistrate's Court, Chavakkad, which was instituted on the basis of the complaint of the 2nd respondent. The petitioner pleaded guilty before the trial court and thereupon, the trial court rendered Anx. A judgment on 12.8.2016 in S.T.No.3159 of 2014 finding the petitioner accused guilty of the offence under Section 138 of the N.I. Act and he was convicted thereunder. Further the petitioner was sentenced to undergo simple imprisonment till rising of the court and to pay compensation of rupees two lakhs to the complainant under Section 357(3) of the Cr.P.C. and in default thereof, to undergo simple imprisonment for 3 months. The petitioner was granted 4 months time to make the payment of the compensation amount of Rs. 2 lakhs.

(2.) It is the case of the petitioner that due to extreme financial difficulties, he could not raise the total amount of Rs. 2 lakhs so as to pay the compensation to the complainant within the time limit of 4 months stipulated in Anx. A judgment dated 18.2016. It is stated that the petitioner could raise an amount of Rs. 1 lakh and that he could not pay the balance amount of Rs. 1 lakh within the extended time limit prescribed by the court and that the 2nd respondent complainant is agreeable to this course of action. In the light of these aspects, the petitioner has filed the instant Criminal Miscellaneous Case by invocation of the remedy under Section 482 of the Cr.P.C. with the following prayers:

(3.) Grand such other relief deemed fit to this Hon'ble Court."