This is an application filed by the accused in CC.No.540 of 2010 on the files of the Judicial First Class Magistrate Court, Chavakkad for extension of time for payment fixed in the judgment under section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the second respondent herein filed a complaint against the petitioner under section 138 of the Negotiable Instruments Act (herein after called the ‘Áct’) claiming that the petitioner borrowed `.7 lakhs (Rupees Seven lakhs only) and in discharge of his liability, he had issued the cheque which when presented was dishonoured and in spite of statutory notice issued, the amount was not paid and thereby she had committed the offence punishable under section 138 of the Negotiable Instruments Act and after preliminary enquiry under section 202 of Code of Criminal Procedure the case was taken on file as CC.No.540 of 2010 on the files of the Judicial First Class Magistrate Court, Chavakkad. The petitioner appeared before the court below and in fact pleaded guilty by filing a joint statement before that court admitting the liability and agreeing to pay the same within a period of two years and that statement was accepted by the court below and on that basis of plea of guilt made by the petitioner, he was found guilty under section 138 of the Negotiable Instruments Act and convicted him thereunder and sentenced him to go imprisonment till rising of court and also to pay `.9,53,000 to the complainant as compensation under section 357 (3) of the Code of Criminal Procedure in default to undergo SI for six months more and time was granted up to 31.5.2014 for payment of compensation and this order was passed on 31st March 2012. In the meantime partial payment were effected but he could not pay the entire amount. He cannot approach the lower court seeking for extension of time and no purpose will be served by filing any appeal or revision against this order as it is based on plea of guilt and on the basis of the statement filed by the accused that the judgment has been passed. If eight months time is granted, he has prepared to discharge the entire liability. So the petitioner has no other remedy except to approach this Court seeking the following relief:-
to extend the time granted by ther Learned JFCM Court, Chavakkad in Annx.A order from 31.5.2014, by a period of 8 months.
3. The learned Public Prosecutor appeared for first respondent. Second respondent appeared through counsel. The counsel for the second respondent submitted that since the petitioner and the complainant are relatives and part payment had already been effected, he has no objection in granting further time as prayed for in the petition.
4. Since it is a case disposed of on the basis of plea of guilt on the basis of the statement filed by the accused and the complainant as a compounding petition, the petitioner has no other remedy to get extension of time as she cannot file an appeal or even prepare a revision against the same, as there is no illegality as such committed by the court below. Since the parties are relatives and the complainant had no objection in granting further time for payment and the intention of the legislature as expressed by the Hon’ble Apex Court in some decisions that the penal provisions have been incorporated in the Negotiable Instruments Act so as to see that the cheque amount is realised than sending the drawer of the cheque to jail. So applying that principle and also considering the submissions made by both the counsels, this Court feels that the power under section 482 of Code of Criminal Procedure can be invoked to grant the relief to the petitioner.
So the petition is allowed and eight months time is granted from today to the petitioner to pay the compensation amount as directed by the court below as per judgment in CC.No.540 of 2010 dated 31.05.2012 and then receive the sentence of imprisonment till rising of court thereafter. If the petitioner did not comply with the direction, then the court below is at liberty to execute the conviction warrant and realise the amount and pay the same to the complainant. Till then coercive steps if any taken against the petitioner is directed to be kept in abeyance.
With the above observations and directions the petition is disposed of. Office is directed to communicate this order to the concerned Court immediately.
sd/-
K. RAMAKRISHNAN, JUDGE R.AV