BALAKRISHNAN Vs. MUSTAFA

JUDGEMENT

(1.) THIS petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/s. T. A. Omprakash, Advo-cate for the petitioner, the court made the following order:-Learned counsel for the petitioner submit that the petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year rigorous imprisonment and to pay a sum of Rs. 2,00,000/- within three months.

(2.) LEARNED counsel for the petitioner submit that there are arguable points involved in this revision. It is submitted by the learned counsel for the petitioner that the petitioner has rebutted the presumption contemplated under Section 139 of the Negotiable Instruments Act as there is absolutely no legally enforceable liability on his part. Learned counsel for the petitioner further submit that there are enough materials available on record through cross-examination of the witnesses to show that there is no legally enforceable liability. It is also submitted that in view of the ill-health of the petitioners, the petitioners did not surrender before the Court.

(3.) IN respect of the contention raised by the learned counsel for the petitioner, it is relevant to note the settled principles of law laid down by the Honourable Supreme Court of India reported in Bihari Prasad Singh v. State of Bihar and another. In the above said decision, Their Lordships have held that for seeking suspension of sentence, the accused need not be under confinement.