KRISHNA B MAYENKAR Vs. KAMAKASHI AQUATICS PVT LTD

JUDGEMENT

(1.) Heard the learned Counsel on behalf of the petitioner/ accused and the respondent/complainant,

(2.) This petition is filed against order dated 18. 12. 2006 by which the Learned Judicial magistrate, First Class issued a non-bailable warrant with the view to execute the sentence imposed on the petitioner as modified by this Court by order dated 28. 7. 2006 in Criminal Revision Application no. 28/2005. In terms of said order dated 28. 7. 2006 the petitioner/accused was to undergo a substantive sentence of two months simple imprisonment with a set off of 24 days under section 138 of the Negotiable instruments Act, 1881. The petitioner/ accused was further required to pay an amount of Rs. 29,000/- to the respondent/complainant, forthwith and in case that was not paid, the accused was. required to undergo simple imprisonment for a period of two months. There is no dispute that the petitioner/accused did not pay the said amount of Rs. 29,000/-, forthwith as was required by virtue of the said order dated 28. 7. 2006. There is also no dispute that the petitioner/accused paid the said amount much subsequently in two installments of Rs. 15,000/- and rs. 14,000/- on 2. 11. 2006 and 18. 12. 2006, respectively.

(3.) Learned Counsel on behalf of the petitioner submits that since the petitioner paid the said amount of Rs. 29,000/- the petitioner may not be required to undergo the sentence in default, of two months.