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Judgment
The revision petition is filed challenging the conviction and sentence in S.T. No.3841 of 2008 of the Judicial First Class Magistrate Court-III,
Thrissur, as confirmed by the judgment in Criminal Appeal No.220 of 2013 of the Additional Sessions Court-III, Thrissur. The judgment convicting the
revision petitioner was rendered pursuant to a complaint filed by the second 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.86,000/- in favour
of the second 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 second respondent, found the cheque to have been
issued towards a legally enforceable debt and returned for insufficiency of funds. Consequently, the revision petitioner was found guilty and sentenced
to pay fine of Rs.93,760/-with default sentence of simple imprisonment for six months. On realisation, the fine was directed to be paid to the second
respondent as compensation under Section 357(1) of Cr.P.C.
The appeal filed by the revision petitioner was rejected finding no ground to interfere with the well reasoned judgment of the trial court.
Having heard the learned Counsel for the revision petitioner at length, I found no ground warranting interference with the concurrent findings of the
courts below. At that juncture, the learned Counsel for the petitioner raised an alternative plea that, at least, the time limit for remittance of the fine
amount may be extended.
Considering the factual circumstances and the contentions urged, I am inclined to grant the limited relief of extending the time for payment of the
cheque amount. In view of the limited relief being granted, notice to the second respondent is dispensed with.
In the result, the Criminal Revision Petition is allowed in part. The finding of guilt and conviction is affirmed and the revision petitioner is granted three
months from today for remitting the fine amount of Rs.93,760/- (Rupees ninety three thousand seven hundred and sixty only). In view of the time
granted by this Court, coercive steps based on the impugned judgments, shall be deferred for a period of three months.