IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 Crl.Rev.Pet.No. 3910 of 2010() ----------------------------- CRA.308/2007 of SESSIONS COURT, THIRUVANANTHAPURAM ST.NO.492/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT VIII, TRIVANDRUM .................. REV. PETITIONER/APPELLANT/ACCUSED : -------------------------------------------------------------- CHANDRACHOODAN N.S., ANITHA BHAVAN, KALLAMBALAM, KALLAMBALAM P.O., KOLLAM. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS / RESPONDENTS/COMPLAINANT & NON-PARTY : --------------------------------------------------------------------------------------------- 1. POPULAR MEGA MOTORS (INDIA) LTD, VEDIVACHANKOIL POST, PALLICHAL, THIRUVANANTHAPURAM, REP. BY ITS SENIOR MANAGER, V.P.PADMAKUMAR, S.VI - GEETHANJALI, KARAMANA P.O. THIRUVANANTHAPURAM. 695 002. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SRI.VINOJ RAJAN SRI.SUNNY ZACHARIA R2 BY PUBLIC PROSECUTOR SMT. REKHA C. NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No. 3910 OF 2010 ---------------------------------------- Dated 5th day of January, 2011 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed against the revision petitioner who is the accused in a prosecution for the offence under section 138 of the NI Act. 2. As this court is not inclined to interfere with the order of conviction and sentence on merit, the learned counsel for the revision petitioner submitted that the petitioner may be granted some time to pay the compensation amount. I find no reason to reject the above request. In the result, this Crl.R.P. is disposed of confirming the conviction of the revision petitioner under section 138 of the Negotiable Instruments Act and also confirming the sentence of imprisonment as ordered by the appellate court and also directed to pay a compensation of Rs.52,500/-. Accordingly, the revision petitioner is granted 45 days time from today to pay the compensation amount. It is made clear that the default sentence CRL.R.P.No.3910/10 -:2:- fixed by the appellate court will be attracted only in case of failure on the part of the revision petitioner in paying the compensation within 45 days from today. Accordingly, the revision petitioner is directed to appear before the trial court on 21.2.2011 to receive the sentence of imprisonment and to pay the compensation. If there is any failure either in appearing before the court below or in paying the compensation, the trial court is free to take coercive steps to execute the sentence and for reasization of the compensation amount. Coercive steps if any pending against the revision petitioner shall be deferred till 21.2.2011. This Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE. kvm/-