Prasanth K.P. S/o Parameswaran vs Ajesh Kumar V.A. S/O. Ajayghosh

Mary Joseph, J

This revision petition is filed against concurrent findings of guilt against the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') in S.T.No.93/2015 of Judicial First Class Magistrate Court-II, Vaikom and Crl.Appeal No.36/2017 by Additional Sessions Judge-II, (Special), Kottayam.

The learned counsel for the revision petitioner while arguing on admission of the revision has submitted that the revision petitioner only needs some time for making the deposit of fine as directed by the courts above. According to the learned counsel, Rs.2,24,000/- was the cheque amount but Rs.3,01,280/-was ordered to be paid as fine by the courts and the fine amount on deposit is directed to be paid as compensation to the complainant. According to the learned counsel, the revision petitioner is prepared to deposit the fine amount provided some time is granted.

It is found from the judgments of the courts below that substantive sentence of simple imprisonment till rising of the court was ordered against the revision petitioner and Rs.3,01,280/- was directed to be paid as fine, which on deposit was also directed to be given to the complainant as compensation by the appellate court. The S.T. was of the year 2015 and the Appeal, of the year 2017. The judgment in the appeal was passed very recently on 22.07.2021. As rightly pointed out by the learned counsel the revision petitioner in view of the pandemic situation prevailing is not in a position to raise the sum.

In that view of the matter, this Court directs the revision petitioner to surrender before the trial court and to serve the substantive sentence of simple imprisonment till rising of the court on 04.10.2021. On doing so, the court below shall keep all coercive steps against the revision petitioner in abeyance for three months from 04.10.2021 for enabling him to deposit the fine amount. The revision petitioner shall deposit the fine amount on or before 03.01.2022. On his default to deposit the fine amount on or before 03.01.2022, the trial court shall proceed to execute the default sentence as confirmed by the appellate court forthwith. On default of the revision petitioner to surrender to serve the substantive sentence on 04.10.2021, the benefits granted by this Order shall be forfeited.

The Revision Petition is disposed of accordingly.