The judgment reinforces the principles governing offenses under Section 138 of the Negotiable Instruments Act regarding dishonored cheques.

ORDER

This revision petition has been filed challenging the concurrent finding of conviction and sentence in a proceeding under Section 138 of the Negotiable Instruments Act (for short 'the NI Act').

2. The 1^st respondent filed a private complaint against the petitioner under Section 138 of the NI Act before the Judicial First Class Magistrate Court-I, Piravom (for short 'the trial court') as CC No. 455/2016 alleging that the petitioner issued Ext.P1 cheque for a sum of ₹13,00,000/- towards a legally enforcible debt, which on presentation returned with an endorsement 'funds insufficient'. The trial court found the petitioner guilty under of the NI Act and he was convicted for the said offence. He was sentenced to undergo imprisonment till rising of court and to pay a compensation of ₹5,35,000/- under Section 357 (3) of the Cr.P.C, in default to suffer simple imprisonment for three months. The appeal preferred by the petitioner challenging the judgment of the trial court was dismissed by the appellate court. It is challenging the judgments of the trial court as well as the appellate court, this revision petition has been filed.

3. The learned counsel for the petitioner Sri. P.

George Varghese submits that the petitioner only needs six months' time to pay the balance amount of compensation.

Having considered the facts and circumstances of the case and the submission of the learned counsel for the petitioner, this revision petition is disposed of, confirming the conviction and sentence of the trial court as well as the appellate court and granting four months' time to the petitioner to appear before the trial court to suffer imprisonment till rising of court and to pay the compensation.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp