The court interpreted that under Section 138, the accused's liability can be satisfied through a fine, and the sentence may be modified while granting time for payment.

ORDER

Dated this the 24th day of March, 2023 The revision petitioner is the accused in S.T.No.9 of 2015 of the Judicial First Class Magistrate Court-II, Koyilandy. The case originated from a complaint filed by the first respondent, alleging commission of the offence under Section 138 of the Negotiable Instruments Act . The allegation was that, in discharge of a liability of Rs.5,75,000/-, the revision petitioner issued two cheques, which, on presentation, were dishonoured for insufficiency of funds. Despite issuance of notice demanding payment of the cheque amount, the revision petitioner failed to make the payment. Hence, the complaint was filed.

2. The trial court, after appreciation of evidence and the legal contentions, found the revision petitioner guilty and thereupon, convicted and sentenced him to undergo simple imprisonment for a period of three months and to pay fine of Rs.5,75,000/-. The fine, if remitted, was directed to be paid as compensation to the complainant. The appellate court, after detailed consideration of the legal and factual contentions, dismissed the appeal.

2. Heard learned Counsel for the revision petitioner and the learned Counsel for the first respondent.

3. Although various contentions are raised by the learned Counsel for the revision petitioner, having carefully scrutinised the impugned judgments, I am convinced that the trial court had appreciated the evidence and considered the legal contentions properly. The appellate court having re-appreciated the evidence and affirmed the findings, no interference is warranted in exercise of this Court's revisional power under Section 397 r/w 401 of Cr.P.C.

4. At this juncture, learned Counsel for the revision petitioner made an alternative submission that if this Court is not inclined to entertain the revision petition, the petitioner may be granted one year time for remitting the fine amount. The request is stoutly opposed by the learned Counsel for the first respondent, pointing out that the cheque was issued way back in the year 2013

5. Having taking into account all relevant factors, I am of the opinion that the offence under Section 138 of the NI Act being quasi- criminal in nature, interest of justice will be subserved by the sentence of imprisonment being limited to the minimum and extending the time limit for remitting the fine.

In the result, the criminal revision petition is allowed in part. The conviction and sentence of time is affirmed and the sentence of imprisonment is modified to imprisonment till the rising of the court. The revision petitioner is granted eight months time for paying/remitting the fine amount. If the fine is remitted, the same shall be paid to the first respondent as compensation under Section 357 (1) of the Cr.P.C. In case of default of paying the fine amount within the extended period of eight months, the revision petitioner shall undergo simple imprisonment for three months. The petitioner shall pay the amount within the extended period and appear before the trial court for undergoing the sentence of imprisonment till the rising of the court within the extended period. The non- bailable warrant, if any pending against the revision petitioner in connection with S.T.No.9 of 2015 of the Judicial First Class Magistrate Court-II, Koyilandy, shall be kept in abeyance for eight months.