IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Crl.Rev.Pet.No. 63 of 2011() --------------------------------- CRA.591/2008 of II ADDL. SESSIONS COURT, TRIVANDRUM ST.581/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT - VI, THIRUVANANTHAPURAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ----------------------------------------------------- P.SURESH KUMAR, PROPRIETOR, SAN COMMUNICATION, KAVINPURATHU VEEDU, JAWAHAR NAGAR, KOWDIAR. BY ADVS. SRI.R.SUDHEESH KUMAR SRI.SUNIL KUMAR A.G RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------------- 1. BADARUDEEN .M., S/O. MUHAMMED MUSTHAFA, VAYAKANIKATHIAY PUTHEN VEEDU, POWER HOUSE ROAD, THIRUVANANTHAPURAM - 695 004. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -31. R2 BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.K.MOHANAN, J. ------------------------------- Crl.R.P.No.63 of 2011 ------------------------------- Dated this the 7th day of January, 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') approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. I have heard learned counsel for the revision petitioner as well as counsel for the respondents. 3. As this Court is not inclined to interfere with the order of conviction recorded by the courts below, the learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount and to receive the sentence of imprisonment. Having regard to the facts and circumstances involved in the case, I am of the view that it is only just and proper to grant 45 days time to the petitioner to receive the 2 Crl.R.P.No.63 of 2011 sentence and to pay the compensation amount. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence to undergo simple imprisonment, the direction to pay compensation, the compensation amount and the default sentence, the revision petitioner is granted 45 days time from today to receive the sentence of imprisonment and to pay compensation amount. It is made clear that the default sentence fixed by the courts below will be attracted only in case of any default on the part of the revision petitioner to appear before the trial court within the above extended period, to receive the sentence and to pay the compensation. Accordingly, the revision petitioner is directed to appear before the trial on or before 21.2.2011. If there is any failure on the part of the revision petitioner in appearing before the trial court on or before 21.2.2011 to receive the sentence and to pay the compensation amount, the trial court is free to take coercive steps to 3 Crl.R.P.No.63 of 2011 secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the petitioner shall be deferred till 21.2.2011. V.K.MOHANAN, Judge. ami/