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Judgment
S. Siri Jagan, J.—The petitioner is the accused in S.T. No. 850/2006 before the Court of Judicial Magistrate of I Class-II, Pathanamthitta. The prosecution is one u/s 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for three months and he was directed to pay Rs. 4,93,000/- as fine u/s 357(1) of the Criminal Procedure Code with a default sentence of one month. The fine amount was directed to be paid to the complainant. The appeal, viz. Crl. Appeal No. 329/2007 filed by the petitioner before the Additional District and Sessions Judge (Ad Hoc), Fast Track Court-III, Pathanamthitta was dismissed. The petitioner is challenging those judgments. The learned counsel for the petitioner submits that the petitioner confines relief for reduction of sentence and six months'' time to pay the fine amount. Although notice was served on the 1st respondent, there is no appearance for the 1st respondent. The petitioner is aged 81 years. Therefore, I am inclined to reduce the punishment imposed by the courts below to one of imprisonment till the rising of the court. I am also inclined to grant the petitioner six months'' time to pay the fine amount in view of the fact that the amount comes to Rs. 4,93,000/-. Accordingly, the Crl. R.P is disposed of with the following order:
The sentence of imprisonment is modified to one of imprisonment till rising of the court. The petitioner shall pay the fine amount within six months from today. If the petitioner does not pay the fine amount within the said time, the Magistrate''s Court shall enforce the default sentence by issuing appropriate distress warrant. The petitioner shall appear before the Magistrate for undergoing sentence of imprisonment on 5th March, 2013.