The court confirmed the conviction under Section 138 of the Negotiable Instruments Act while allowing the petitioner time to pay the compensation to avoid default sentence.

O R D E R

This revision is filed against the conviction and sentence imposed against the petitioner by the trial court and the appellate court.

2. The petitioner was prosecuted under sec. 138 of the Negotiable Instruments Act and he was convicted by the Judicial First Class Magistrate Court-V, Kannur in ST No. 59/2017 and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.2,00,000/- as compensation under Sec. 357(3) Cr.P.C . to the complainant. Aggrieved by the conviction and sentence, the petitioner filed an appeal before the Sessions Court, Thalassery. The Addl. District and Sessions Judge-II, Thalassery considered the appeal and modified the sentence by setting aside the substantive sentence, till rising of the court. Accordingly, this revision is filed.

3. Heard the learned counsel for the petitioner.

4. When this revision came up for consideration before this Court on 06.11.2024, this Court passed the following order :

“Admit. The learned Public Prosecutor takes notice for respondent No.2. Issue notice to respondent No.1.

Crl.M.A No.1 of 2020

2. The revision petitioner has been convicted under Section 138 of the Negotiable Instruments Act. He has been sentenced to undergo imprisonment till rising of the Court and pay a compensation of Rs.2,00,000/- to the complainant.

3. Heard both sides.

The disposal of the revision is likely to take time. Having regard to the fact that the disposal of the revision petition is likely to take time, this Court feels that the execution of the sentence imposed on the revision petitioner is liable to be suspended on conditions. Therefore, the execution of the sentence imposed on the revision petitioner shall stand suspended and bail granted to him on the following conditions:

(i) The revision petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Trial Court.

(ii) The revision petitioner shall also deposit a sum of Rs.40,000/- being part of the compensation amount in the Trial Court within one week from this date. On deposit of the amount, the complainant is entitled to get the amount released, as provided under Section 148 of the Negotiable Instruments Act.”

5. Admittedly, the condition imposed by this Court in the above order is not complied and therefore, the petitioner was arrested and he is now undergoing default sentence. The counsel for the petitioner submitted that the petitioner is ready to deposit the compensation amount and he want some time to pay the entire compensation.

6. This Court perused the impugned judgment. There is nothing to interfere with the conviction imposed by the trial court, which is confirmed by the appellate court. As far as the sentence is concerned, the sentence is only till rising of the court and to pay a compensation amount. Since the petitioner is now undergoing default sentence, some time can be given to the petitioner to pay the entire compensation.

Therefore, this revision petition is disposed of with the following directions :

1) The conviction and the sentence imposed on the petitioner as per the impugned judgment is confirmed.

2) If the petitioner pay/deposit an amount of Rs.40,000/-, the petitioner shall be released from jail, on executing a bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties for the like sum to the satisfaction of the trial court.

3) The petitioner shall pay/deposit the balance amount of Rs.1,60,000/- (Rupees One lakh sixty thousand only) within two months from the date of his release. If the balance amount is not deposited, the trial court can proceed with the default sentence remaining.

The Registry will issue a copy of this order today itself.