AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Balakrishnan, J.—Petitioner was convicted by the learned Magistrate for offence punishable under Sec. 138 of N.I. Act and he was sentenced to undergo imprisonment till the rising of the court and to pay Rs. 1,52,000/- as compensation. His appeal was dismissed by the learned Sessions Judge confirming the conviction and sentence.
Learned counsel for the petitioner submits that the accused had in fact denied the execution of the cheque. His case is that signed blank cheque leaves were obtained by the complainant chitty company at the time when the accused subscribed two chits and it was misused by the complainant was not properly adverted to by the trial court and by the appellate court. But it is submitted that no reply was sent to the statutory notice. No evidence or circumstance also could be brought out to state that there was no outstanding liability. The fact that he was a subscriber of two chits and that both chits were bid by him and accordingly he is liable to pay the future instalments could not be challenged at all. In the absence of any other evidence or circumstance, the courts below were perfectly justified in finding that Ext.P2 cheque was issued to discharge the existing debt/liability. All other statutory formalities were complied with. Hence, the conviction is confirmed.
Learned counsel for the petitioner submits that petitioner has lost job and he is actually penniless and so it is very difficult for him to raise the fund to pay the amount of compensation. Learned counsel submits that atleast 10 months time may be granted to him to pay the amount.
Considering all the aspects, this Crl. R.P. is disposed of with the following directions :
The conviction is confirmed. The sentence awarded by the courts below is also confirmed. Petitioner will surrender before the learned Magistrate on 21.2.2012 to undergo imprisonment till the rising of the court and he will pay on the same day Rs. 25,000/-. He will also file an affidavit on that day before the learned Magistrate that he will pay the entire balance amount in six equal monthly instalments. If he fails to honour the undertaking the court below will proceed to execute the sentence as if the instalment facility is not extended to him.