IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Crl.Rev.Pet.No. 1600 of 2011() ------------------------------------------- CRA.309/2007 of ADDITIONAL SESSIONS COURT (ADHOC-I), KASARAGOD CC.279/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II (ADDITIONAL MUNSIFF), KASARAGOD. .................... REVISION PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------------- A. DARMENDRA, S/O NARAYANA, PROPRIETOR OF KANILA WATCH WORKS, MILAGRES BUILDING, HAMPANKATTA, MANGALORE-1, R/AT KANILA HOUSE, MANJESHAWARA P.O., MANJESHAWARA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS/COMPLAINANT/STATE --------------------------------------------------------- 1. U.M. CHANDRA MOHAN, AGED 34 YEARS, S/O NARAYANA ACHARYA, HINDU BUSINESS & AGRICULTURIST, R/AT MORKALA HOUSE, MANJESHAWARA, 10TH MILE STONE, P.O. MANJESHAWARA, KASARAGOD-671 101. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.PUZHAKKARA MOHAMMED. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P. No.1600 OF 2011 -------------------------------- Dated this the 5th day of July 2011 ORDER The petitioner has suffered conviction for the offence under Section 138 of the Negotiable Instruments Act (for short NI Act). He has now been sentenced to undergo imprisonment till the rising of the court and to pay compensation of Rs.65,000/- with default term of three months, as under the modification of sentence by the learned Sessions Judge in appeal. 2. The Revision was filed with a petition to condone delay of 533 days and on the representation made by the petitioner that he required only a breathing time to pay the amount fixed as compensation, the delay was condoned. 3. At the time of hearing of the Revision, the learned counsel, reiterating the submission made earlier, stated that a period of two months may be granted to pay the compensation. That alone is the plea canvassed seeking indulgence of this court. The judgment of the trial Magistrate would show that the complaint giving raise to the offence under Section 138 of the NI Act had been filed as early in 2006. That being so, prima facie, Crl.R.P.No.1600/2011 2 there is no justification for granting any further time to the petitioner to pay the compensation fixed. However, taking note of the submissions made by the learned counsel and the plea made for extension of time, it is ordered that the execution of warrant, if any, issued against the petitioner shall be kept in abeyance for a period of one month to enable him to pay the compensation fixed, and also to undergo the sentence of imprisonment for one day. The petitioner shall appear before the Judicial First Class Magistrate II (Additional Munsiff), Kasaragod, on 06-08-2011. He shall pay the entire amount fixed as compensation within one month from today, by depositing such sum before that court. In default of the petitioner to appear as directed, or to pay the compensation within the time fixed as above, the learned Magistrat shall take further steps for executing the sentence imposed against the petitioner in accordance with law. Revision is disposed of as above. S.S.SATHEESACHANDRAN JUDGE vdv