IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 Crl.Rev.Pet.No. 1084 of 2011() ------------------------------ CRA.883/2007 of THE COURT OF ADDL. SESSIONS JUDGE-1, TRIVANDRUM CC.237/2005 OF THE JUDL FIRST CLASS MAGISTRATE -V, NEYYATTINKARA. .................... REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- JOSE, S/O. RAGHAVAN, CHARUVILA BUNGLOW, KEELIYOOR, VELLARADA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: COMPLAINANAT & STATE ----------------------------------- 1. K.NADESAN, SINDHI BHAVAN, NEDUVANIVILA, PARASSALA.P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P. SMT. REKHA C. NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1084 of 2011 --------------------------------------------- Dated this the 30th day of May, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the revision petitioner and the challenge in this Revision Petition is against the conviction and sentence imposed on him as per judgments of the trial court as well as the lower appellate court. 2. The learned counsel for the revision petitioner submitted that the revision petitioner has no contention on merit but he requires some time to pay the compensation amount fixed by the appellate court. I find no reason to refuse the above request and the petitioner can be granted one month time to pay the compensation amount. In the result, this Crl.R.P is disposed of confirming the conviction of the revision petitioner under section 138 of the NI Act recorded by the courts Crl.R.PNO.1084 of 2011 :-2-: below. While confirming the sentence of imprisonment as modified and fixed by the appellate court, the direction to pay compensation, the compensation amount and default sentence, the revision petitioner is granted one month time from today to pay the compensation amount and to receive the sentence of imprisonment. Accordingly, it is made clear that the default sentence fixed by the appellate court will be attracted only in case of default on the part of the revision in depositing the compensation amount within one month. Accordingly, the revision petitioner is directed to appear before the trial court on 30th June, 2011 to receive the sentence and to deposit the compensation amount. In case of any failure on the part of the revision petitioner in appearing before the trial court on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, Crl.R.PNO.1084 of 2011 :-3-: if any, pending against the revision petitioner shall be deferred till 30th June, 2011. V.K.MOHANAN, Judge. KVM/-