A.Z. Zahir Hussain vs H. Sadashiva

Petitioner faced trial in C.C.No.25048/2007 on the file of XIX Additional Chief Metropolitan Magistrate, Bangalore City, for an offence u/s 138 of N.I. Act. The trial Court found the petitioner guilty and sentenced him to pay fine amount of Rs.1,25,000/-, in default, to undergo simple imprisonment for three months, vide judgment dated 22.04.2009. It was ordered that, if the fine amount is recovered, Rs.1,05,000/- be paid as compensation to the complainant. Accused preferred Crl.A.No.421/2009 in the Sessions Court at Bangalore City. The appeal was dismissed on 15.09.2010. Challenging the said judgments, this criminal revision petition has been filed. Learned Advocates having discussed the matter with their respective clients, submitted that, the matter may be disposed of as per the instructions received from their respective clients.

Sri. T.K.Rajagopala, learned Advocate appearing for the petitioner, having taken instructions from the petitioner, who is present in Court, submitted that the petitioner has already deposited Rs.55,000/- towards fine amount and that the petitioner would deposit the balance cheque amount of Rs.45,000/- in the trial Court, within a period of five months from today.

Sri. B.N. Prasad, learned Advocate appearing for the respondent has no objection for the sentence imposed on the petitioner being modified and the petitioner being granted reasonable time to deposit the balance fine amount/compensation. Keeping in view the submissions made by learned counsels, while maintaining the conviction order by the trial Court and its affirmation by the appellate Court, the sentence imposed on the petitioner is modified to one of payment of fine of Rs.1,00,000/-. Since Rs.55,000/- has already been deposited, the accused is granted five months time to remit the balance fine amount of Rs.45,000/-. The amount in deposit, be released in favour of the complainant. The balance fine amount, when deposited, be released in favour of the complainant. If the balance fine amount is not deposited within five months period, the bail bonds shall stand cancelled and the petitioner shall serve the custodial sentence.

Ordered accordingly.