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Judgment
The revision petition is filed challenging the conviction and sentence in C.C.No.1160 of 2015 of the Judicial First Class Magistrate Court (N.I.Act
Cases), Ernakulam, as modified by the judgment in Criminal Appeal No.178 of 2019 of the Additional Sessions Court, Ernakulam. The judgment
convicting the revision petitioner was rendered pursuant to a complaint filed by the first respondent alleging commission of an offence under Section
138 of the Negotiable Instruments Act. The allegation was that, towards discharge of a debt, the revision petitioner had issued a cheque for
Rs.1,50,000/-in favour of the first respondent, which, on presentation, had bounced due to insufficiency of funds. Even though statutory notice was
issued, calling upon the revision petitioner to pay the cheque amount, the demand was not met.
The trial court after careful scrutiny of the oral and documentary evidence tendered by the first respondent, found the cheque to have been issued
towards a legally enforceable debt and that the cheque was returned for insufficiency of funds. Consequently, the revision petitioner was found guilty,
convicted and sentenced to undergo simple imprisonment for a period of three months and to pay fine of Rs.1,50,000/-, in default of which the revision
revision petitioner should undergo simple imprisonment for one month. On realisation, the fine was directed to be paid to the first respondent as
compensation under Section 357(1) of Cr.P.C. Appeal filed by the revision petitioner was allowed in part and the appellate court, while confirming the
conviction, modified the sentence to imprisonment till the rising of the court and retained the fine as such.
Having heard the learned Counsel for the revision petitioner at length, this Court could not find any ground for interfering with the concurrent
findings of the trial as well as appellate court. Thereupon, the learned Counsel raised an alternative plea that in the event of this Court being not
impressed with the challenge raised in the revision petition, the time limit for remittance of the fine may be extended.
Considering the factual circumstances and the contentions urged, I am inclined to grant the limited relief. The time limit for payment of the cheque
amount is extended by a further period of six months. In view of the limited relief being granted, notice to the first respondent is dispensed with.
In the result, the Criminal Revision Petition is allowed in part. The revision petitioner shall remit the fine amount of Rs.1,50,000/-(Rupees one lakh fifty
thousand only) within six months from today. On remittance, the amount shall be paid to the first respondent as compensation. The revision petitioner
shall pay the fine before expiry of the six months period, failing which the reliefs granted under this judgment will stand withdrawn. In view of the time
granted by this Court, coercive steps based on the impugned judgments, shall be deferred for a period of six months.