IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.Rev.Pet.No. 1535 of 2011() ------------------------------ CRA.503/2010 of ADDL.SESSIONS COURT, (ADHOC-1), ERNAKULAM CC.1980/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- A.S.KASIVISWANATHAN, S/O.A.S.MANI @ SUBRAMANIAN IYER, XI/88, `AISWARYA', MOUNT ROAD, ALUVA (RAJASHREE MEDICALS, NEAR OLD PVT.BUS STAND, ALUVA). BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- 1. KOCHIN CHIT FUND, ANGAMALY BRANCH, NEAR EAST CHURCH, ANGAMALY, REP. BY ITS RECOVERY MANAGER, AUGUSTINE, CHENGAMANAD P.O., PIN-683 101. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1535 of 2011 --------------------------------------------- Dated this the 20th 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 fine amount fixed by the appellate court 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 from today. 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 Crl.R.PNO. 1535 of 2011 :-2-: sentence of imprisonment, the direction to pay fine and default sentence ordered by the appellate court, the petitioner is granted forty five days time to pay the fine amount and it is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the fine amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 4th day of August, 2011 to receive the sentence of imprisonment fixed by the appellate court and to pay the fine amount as ordered against him. 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 amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. On realisaiton of the fine amount, the same shall be given to the complainant as compensation under section 357(1)(b) Cr.P.C. Coercive steps, if any, pending against the Crl.R.PNO. 1535 of 2011 :-3-: revision petitioner shall be deferred till 4th August,2011. V.K.MOHANAN, JUDGE KVM/-