IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Crl.Rev.Pet.No. 2755 of 2011() ------------------------------------------- CRA.143/2010 OF ADDITIONAL DISTRICT & SESSIONS (ADHOC) COURT-I, PATHANAMTHITTA ST.599/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, PATHANAMTHITTA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------------- SASIDHARAN NADAR, S/O.KUTTAN NADAR, MANOJ BHAVANAM, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR, SRI.V.V.RAJA. RESPONDENT/RESPONDENT/COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. P. RAJAN, INDU, ANAYADI, ADOOR-691 523. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R2 BY PUBLIC PROSECUTOR MR.T.R. RAJESH. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2755 OF 2011 ----------------------------------------- Dated this the 24th day of November 2011 ORDER The revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below. Sentence imposed against the accused is simple imprisonment till the rising of the court with direction to pay the amount covered by the two cheques involved in the case, a sum of `.2,60,000/-, as compensation to the complainant, with default term of simple imprisonment for three months. 2. when the revision came up for consideration today, the learned counsel for the petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of some more time to pay the compensation and, thus, avoid the default term of imprisonment. The accused, at present is facing severe financial difficulties and he is making every endeavour to dispose of an immovable property belonging to him to discharge the sum covered by the cheques, which has been awarded as compensation in the case, is the submission of the counsel. Considering the submissions made by the counsel, I find, Crl. R.P No.2755 OF 2011 2 a short period, as indicated hereunder, can be provided to the accused for payment of the compensation. 3. Affirming the conviction and sentence, petitioner/accused is directed to appear before the magistrate on 13-02-2012 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. The magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance, to enable him to pay the compensation within such period. In default of his appearance and nonpayment of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge