2017 (2) TMI 701 - HC - Indian Laws

Extension of time for payment of fine - dishonor of cheque - petitioner submitted that though he could not deposit the fine amount within the time stipulated he intends to make the deposit but that the Court below is not accepting the said amount on the ground that the time granted by this Court had already expired - Held that - Considering the pleas made by the petitioner, this Court is of the view that the time for payment of the fine amount could be extended suitably in the interest of justice. Accordingly it is ordered that the time for payment of the fine amount of ₹ 1,00,000/- (Rupees One lakh only) will stand extended by a further period of 2 months from today. It is for the petitioner to appear before the Trial Court on any day on or before 15.03.2017 and to suffer the imprisonment till the rising of the Court and pay the fine amount of ₹ 1,00,000/- (Rupees One lakh only). Until the expiry of the said extended time limit all further coercive steps including issuance of warrant if any, in pursuance of the execution of the sentence in this case will stand under suspension. The learned Public Prosecutor will convey these directions the competent police authorities for necessary compliance.

Summary

Issues:
Conviction under Sec.138 of the N.I Act, Appeal against conviction, Evaluation of evidence, Modification of sentence, Recall of arrest warrant, Extension of time for fine payment.

Conviction under Sec.138 of the N.I Act:
The petitioner was convicted under Section 138 of the Negotiable Instruments Act for dishonoring a cheque issued to the complainant. The trial court and the appellate court both found the petitioner guilty based on the evidence presented, including the dishonored cheque. The defense raised by the petitioner was rejected, and the courts concluded that the offense under Section 138 was committed. The High Court declined to interfere with the concurrent findings unless they were perverse or incorrect, which was not the case here.

Appeal against Conviction:
The petitioner filed a revision petition challenging the conviction and sentence imposed by the lower courts. The High Court affirmed the guilty verdict but modified the sentence. The petitioner's plea for leniency was considered, leading to a reduction in the sentence to imprisonment till the rising of the court and a fine of ?1,00,000. The court emphasized that the modified sentence was appropriate considering the circumstances of the case and the amount involved in the cheque.

Evaluation of Evidence:
Both oral and documentary evidence were presented during the trial, with witnesses examined and exhibits marked. The courts below evaluated the evidence and found that the petitioner had indeed issued the dishonored cheque, as required under Section 138 of the N.I Act. The defense's arguments were dismissed, leading to the affirmation of the conviction by the High Court based on the concurrent findings of the lower courts.

Modification of Sentence:
The High Court modified the sentence imposed by the lower courts, reducing it to imprisonment till the rising of the court and a fine of ?1,00,000. The court considered the plea for leniency and adjusted the sentence accordingly to ensure justice was served. The petitioner was granted time to pay the fine, with provisions for default consequences if the payment was not made within the specified period.

Recall of Arrest Warrant and Extension of Time for Fine Payment:
The petitioner sought to recall the arrest warrant and requested an extension of time to pay the fine imposed by the High Court. The court, considering the petitioner's submissions and legal principles cited, extended the time for fine payment by two months. The petitioner was directed to appear before the Trial Court within the extended period to undergo the specified imprisonment and pay the fine. All coercive steps, including the execution of the sentence, were suspended until the extended deadline expired.

This detailed analysis covers the issues involved in the legal judgment, highlighting the key aspects of the conviction, appeal, evidence evaluation, sentence modification, recall of arrest warrant, and extension of time for fine payment as decided by the High Court of Kerala.