IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.Rev.Pet.No. 3060 of 2010() ------------------------------------------ CRA.272/2009 of III ADDL.SESSIONS COURT, KOLLAM CC.1373/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... REVN. PETITIONER(S): ACCUSED ---------------------------- SURESH BABU.S., S/O.LATE K.SIVADASAN, AGED 42, RATHEESH BHAVAN, KOTTAKKAKOM, CHAVARA P.O., KARUNAGAPPALLY, KOLLAM. BY ADVS. SRI.S.SREEKUMAR SRI.SAJU WAHAB RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. DINAMANI, S/O.RAVEENDRAN, DINAMANI NIVAS, PULIYOOR, VANCHI NORTH, THODIYOOR, KARUNAGAPPALLY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.P.K.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3060 of 2010 ------------------------------- Dated this the 1st day of November, 2010. O R D E R The accused in a prosecution for an offence u/s.138 of Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed by the courts below. 2. The counsel for the revision petitioner submitted that the revision petitioner has no contention on merit but he require some time to pay the compensation amount. I find no reason to deny the above request and while granting some time the compensation amount can be enhanced considering the fact that the cheque in question is dated 28.6.2006 that too for an amount of Rs.1,25,000/- and the said amount is with the revision petitioner for the last 4 years, though the same belong to the complainant. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of 2 Crl. R.P.No.3060 of 2010 Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment ordered by the appellate court, the revision petitioner is directed to pay sum of Rs.1,40,000/- to the complainant as compensation u/s.357(3) of Cr.P.C., within 3 months from today and in case of default in paying the compensation amount within the stipulated time, the revision petitioner is directed to undergo simple imprisonment for 3 months. Accordingly, the revision petitioner is directed to appear before the trial court on 1.2.2011, to receive the sentence of imprisonment and to pay the compensation amount as directed by this court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 1.2.2011. 3 Crl. R.P.No.3060 of 2010 Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/