Smt. Shamshad Begum vs K. Govindaraju Naidu

A.N. Venugopala Gowda

Petitioner was convicted on 04.02.2011 in C.C.No.17720/2007 by the learned XXII Addl. CMM, Bangalore City, for the offence punishable under S. 138 of the Negotiable Instruments Act, 1881 and was sentenced to pay fine of Rs. 2,10,000/- and in default of payment of fine, to undergo S.I. for a period of four months. Out of the fine amount, when realised, Rs. 2,05,000/- was ordered to be paid to the complainant by way of compensation. Feeling aggrieved, accused filed Crl.A.No.149/2011 in the Sessions Court, Bangalore City. Matter having been assigned to FTC (Sessions)-XI, Bangalore, by a Judgment dated 07.07.2011, the appeal was dismissed. Challenging the conviction and the sentence, accused has filed this criminal revision petition. Sri A.S. Kulkarni, learned advocate appearing for the petitioner submitted that the petitioner has deposited Rs. 1,00,000/- towards fine amount and would deposit the balance fine amount within a period of three months. Learned advocate appearing for the respondent submitted that the amount in deposit may be ordered to be released in favour of the complainant.

The challenge to the conviction having been given up and the petitioner - accused having only sought for time to pay the balance fine amount, it is unnecessary for me to decide the matter on its merit.

Keeping in view the fact that the petitioner has shown bonafides by depositing Rs. 1,00,000/-, I deem it appropriate to grant time to the petitioner upto 30.11.2012, to deposit the balance fine amount of Rs. 1,10,000/-. As and when the said amount is deposited or realised, the compensation amount as ordered by the Trial Court by released in favour of the complainant. The bail bonds shall stand cancelled, and the petitioner shall surrender before the learned Magistrate to serve the sentence, if the balance fine amount is not deposited within 30.11.2012.

The amount of Rs. 1,00,000/- in deposit be released to the complainant.

Petition is disposed of accordingly.