IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.Rev.Pet.No. 1863 of 2011() ------------------------------ CRA.161/2010 of ADDL. DISTRICT & SESSIONS COURT-I (ADHOC), PATHANAMTHITTA ST.793/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REV.PETITIONER/APPELLANT/ACCUSED -------------------------------------------------------------- BABY K.T., INDIKKATTIL HOUSE, VAKAYAR P.O., KONNY, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEWS RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------------------------- 1. KOSHY ABRAHAM, PARACKAL PUTHENVEEDU, ATTARIKAM, OMALLOOR P.O. PIN 689647. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX R2 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1863 OF 2011 -------------------------------- Dated this the 3rd day of August 2011 ORDER Revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. 2. Notice given, first respondent/complainant has entered appearance. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that no arguments on merits is sought to be addressed, but only a request for some time to pay the fine and, thus, avoid the default term of imprisonment. Cheque involved in the case is dated 13-01-2007. The dishonour of that cheque leading to the conviction of the accused and continuation of the litigation till now, deserve to be taken note of in considering the request made for extension of time to pay the fine. Considering the timelag, apparently, there is no merit in providing further extension of time, as canvassed for by the counsel. However, there will be a direction to the learned Magistrate to keep in abeyance the execution of sentence for a period of six weeks to enable the petitioner to pay the fine and thus, avoid the default term. Crl.R.P No.1863/2011 - 2 - Petitioner is directed to appear before the Magistrate concerned on 26- 09-2011 to serve out the substantive term of imprisonment for one day, till the rising of the court, and to report the payment of fine. In default of his appearance and nonpayment of the fine as directed, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge