IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Crl.Rev.Pet.No. 138 of 2008() ----------------------------- CRA.823/2005 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM CC.186/2002 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM .................... REVN. PETITIONER: REVISION PETITIONER/ACCUSED/APPELLANT ------------------------------------------------------- P.G.K.PILLAI, T.C.15/42, ELANKAM, DIAMOND HILL, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENTS: COMPLAINANT/RESPONDENTS ------------------------------------ 1. K.SREEDHARAN NAIR, VILAPPURATHU VEEDU, PAPPANAMCODE, THIRUVANANTHAPURAM-18. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` Crl. R.P. No. 138 OF 2008 ```````````````````````````````````````````````````` Dated this the 21st day of January, 2008 O R D E R This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I Act. The cheque is for an amount of Rs.1,85,000/-. It bears the date 10.6.02. The petitioner now faces a sentence of imprisonment till rising of court. He is further directed to pay an amount of Rs.1,85,000/- (the actual cheque amount) as compensation under Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for a period of six months. 2. The petitioner claims to be aggrieved by the impugned judgments. Called upon to explain the nature of the challenge, which the petitioner wants to mount against the impugned concurrent judgment, the learned counsel for the petitioner does not strain to assail the verdict of guilty and Crl.R.P.No.138/08 : 2 : conviction on merits. The learned counsel for the petitioner prays that some further time may be granted to the petitioner to raise and pay the amount and thus avoid the default sentence. 3. I have perused the impugned judgments. The impugned verdict of guilty and conviction are found to be absolutely reasonable and unexceptionable. In the absence of challenge on any specific grounds, it is not necessary for me to advert to facts in any greater detail. 4. I do not find any merit or grace in the claim for any long further time to make payment of the actual cheque amount and avoid the default sentence. From June 2002 the complainant has been waiting for the redressal of his grievances. I am not, in these circumstances, satisfied that the petitioner is entitled for any long further time to make the payment and avoid the default sentence. But, I am satisfied that a breathing time till 29.2.08 can be granted to the petitioner to raise and pay the amount and then avoid the Crl.R.P.No.138/08 : 3 : default sentence. 5. In the result, this petition is dismissed with the observations/directions that the petitioner shall have time till 29.2.08 to make the payment and avoid the default sentence. The sentence shall not be executed till that date. The petitioner shall appear before the learned Magistrate and his sureties shall produce him before the learned Magistrate on or before 1.3.08 for execution of the sentence. (R.BASANT, JUDGE) aks