High Court granted five months' time to pay compensation in case under Section 138 NI Act, keeping execution of sentence in abeyance pending compliance.
Five months' time granted to pay compensation; execution of sentence kept in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
MONDAY, THE 8TH DAY OF OCTOBER 2012/16TH ASWINA 1934
Crl.Rev.Pet.No. 2038 of 2012 ()
IN CRA.344/2010 of III ADDL.D.C., KOLLAM IN CC.281/2009 of J.M.F.C.-I,KOTTARAKKARA
REVISION PETITIONER(S)/REVISION PETITIONER/APPELLANT/ACCUSED:
SEETHA @ SATHYAN W/O SATHYAN, PUTHENPURA VEEDU, KOLANNOOR MURI EZHUKONE VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL
COMPLAINANT(S)/RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:
1. VASANTHA KUMARI
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY ADV. SRI.ALEXANDER GEORGE FOR R1 BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ds
S.SIRI JAGAN, J.
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Crl.R.P.No. 2038 of 2012
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Dated this the 8th day of October, 2012 O R D E R
The petitioner is the accused in C.C.No.281/2009 before the Judicial First Class Magistrate's Court-I, Kottarakkara. The prosecution was one under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced her to undergo simple imprisonment for four months and to pay a fine of 85,000/- with a default sentence of two months' simple imprisonment. The compensation was directed to be paid to the 1<sup>st</sup> respondent under Section 357 (1) of the Cr.P.C. In appeal, the Additional Sessions Court-III, Kollam, confirmed the conviction. But the sentence was modified to one till rising of the court and the amount of fine was reduced to 80,000/- with a default sentence of two months' simple imprisonment. Those judgments are under challenge in this Criminal Revision Petition. The learned counsel for the petitioner now submits that the petitioner only wants time to pay the compensation amount.
Having considered the matter, I am inclined to grant the petitioner five months' time to pay the compensation amount.
Accordingly, this Criminal Revision Petition is disposed of with a direction to the Magistrate to keep the distress warrant for execution of the sentence in abeyance for a period of five months. The petitioner shall appear before the Magistrate after paying the compensation amount for undergoing the sentence of imprisonment on 11.3.2013.
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Sd/S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
1 issue framed by the court
Whether to grant time to pay compensation awarded for cheque bounce offence?
1 provisions across 1 enactments
SEETHA @ SATHYAN W/O SATHYAN
VASANTHA KUMARI
STATE OF KERALA
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
