IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 Crl.Rev.Pet.No. 3043 of 2010() ------------------------------ CRA.117/2008 of II ADDL.SESSIONS COURT, KOLLAM CC.1577/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------------------------------------------- SOMARAJAN PILLAI, S/O.PANKAJAKSHAN PILLAI, T.N.820 IBP PLANT SENIOR GRADE WORKER, KMML.T 102, SANKARAMANGALAM, CHAVARA P.O., KOLLAM. BY ADVS. SRI. K.SIJU, SMT.BINDU GEORGE. RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAFEEQ, S/O.USMAN KUNJU, MAVILAYIL HOUSE, KANNANALLOOR P.O., KOLLAM - 691 005. R1 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No.3043 of 2010 ---------------------------------------- Dated the 14th Day of October, 2010 ORDER The challenge is against the conviction and sentence imposed against the revision petitioner under section 138 of the Negotiable Instruments Act. 2. The learned counsel for the revision petitioner submitted that a breathing time may be granted to the revision petitioner to pay the amount and also submitted that the sentence to pay fine may be converted to an order for compensation under section 357(3) of Cr.P.C and the revision petitioner may be permitted to pay the amount directly to the complainant. 3. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered favourably, In the result, this Crl.R.P is disposed of confirming the conviction recorded by the courts below for the offence under section 138 of the N.I.Act. Accordingly, while confirming the sentence of imprisonment as modified and fixed by the appellate court, in supersession of the sentence to pay fine, ordered by the courts below, the revision petitioner is directed to pay a sum of Rs.1,50,000/-(Rs.one lakh and fifty thousand only) to the complainant CRRP 3043/10 :-2-: as compensation under section 357(3), within one month from today and in case of any default in paying the amount within one month, the revision petitioner is directed to undergo simple imprisonment for a period of three months. Accordingly the revision petitioner is directed to appear before the trial court on 16th November, 2010 to receive the sentence and to pay the compensation amount. It is made clear that the revision petitioner is free to pay the compensation amount either directly to the complainant or by remitting the same, whichever subject to the satisfaction of the learned Magistrate. If there is any default on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 16.11.2010 This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/-