IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 15TH JUNE, 2011 / 25TH JYAISHTA, 1933 Crl.Rev.Pet.No. 1482 of 2011 -------------------------------------- [CRA.522/2007 of ADDL. SESSIONS COURT, (ADHOC COURT-1), PALAKKAD ST.1211/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD] .................... REVN. PETITIONER(S): APPELLANT ------------------------------ P.P. PREMANANDAN, S/O.P.C. BASKARAN NAIR, WARD NO. 26, H. NO. 2251, PADINJARE PARON, KOMMERI POST, KOZHIKODE. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENTS(S): ------------------------- 1. M/S. SREELAKSHMI KURIES AND LOANS PVT. LTD., PALAKKAD, REPRESENTED BY ITS MANAGER, M. HARIDASAN, PIN - 678 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1482 of 2011 --------------------------------------------- Dated this the 15th day of June, 2011 O R D E R The challenge in this Crl.R.P. is against the conviction and sentence imposed against the revision petitioner under Section 138 of the N.I.Act. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount fixed by the court below and also for receiving the sentence. Having regard to the facts and circumstances of the case, I am of the view that the said submission requires positive consideration and the petitioner can be granted forty five (45) days time. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 Crl.R.PNO. 1482 of 2011 :-2-: of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment which is modified and reduced by the appellate court, and the direction for payment of compensation and default sentence fixed by the trial court, which is confirmed by the appellate court, the petitioner is granted forty five days time to pay the compensation amount to the complainant under Section 357(3) of the Cr.P.C. and it is made clear that the default sentence fixed by the trial court, confirmed appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the compensation amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence of imprisonment fixed by the appellate court and to pay the compensation amount as ordered against him on 1st August,2011. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the compensation amount on the above date, the Crl.R.PNO. 1482 of 2011 :-3-: trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 1st August,2011. V.K.MOHANAN, Judge. MBS/