IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 Crl.Rev.Pet.No. 2270 of 2011() ----------------------------------------- CRA.12/2010 of II ADDL. SESSIONS COURT, TRIVANDRUM ST.28/2009 of the Judicial 1st class Magistrate Court-111, Nedumangadu . .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------- ABDUL AZEEZ, MOOZHIYIL VEEDU, CHEKKAKONAM, KARAKULAM.P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR SRI.P.S.SURESH KUMAR SRI.R.V.ABHISHEK RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------------------------- 1. THE THIRUVANANTHAPURAM DISTRICT CO- OPERATIVE BANK, VEMBAYAM BRANCH, REPRESENTED BY ITS BRANCH MANAGER, SRI.MOHANACHANDRAN NAIR, VEMBAYAM-695 615. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI M.R. VENUGOPAL. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MM S.S.SATHEESACHANDRAN, J -------------------------------------- Crl. R.P No.2270 OF 2011 ----------------------------------------- Dated this the 20th day of September 2011 ORDER 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 inferior courts. Negativing his plea of not guilty, the learned Magistrate, on his conviction, has sentenced him to undergo simple imprisonment for three months and to pay compensation of `.21,848/-, the cheque amount, with default term of simple imprisonment for one month more. In appeal, the learned Sessions Judge affirmed the conviction, but, modified the substantive term of imprisonment to imprisonment for a day, till the rising of the court, retaining the compensation awarded, but, altering it to one of fine and enhancing the default term of simple imprisonment to three months. Feeling aggrieved, the accused has preferred this revision. 2. The learned counsel for the accused submitted that time alone is requested for payment and, thus, to avoid the default term of imprisonment on nonpayment of the fine. 3. Going through the judgments rendered by the learned Magistrate and also the learned Sessions Judge, I find, the conviction Crl. R.P No.2270/2011 - 2 - of the accused for the offence under Section 138 of the NI Act is wellfounded on the materials placed in the case. So far as the time requested for by the counsel for payment, it is seen, the cheque involved in the case was dated 28-02-2008 and it was issued to the complainant, a co-operative bank. The dishonour of that instrument had led to the prosecution and ultimately the conviction of the accused. Sum covered by the instrument is shown to be `.21,848/-. Having regard to the sum and also the timelag after the commencement of the prosecution of the accused, prima facie, there is no merit in the request made by the counsel for further time for effecting the payment of fine awarded in the case. However, taking note of the submissions made by the counsel that the accused is now facing severe financial difficulties and unless reasonable time is granted, he has no other way but to suffer the default term of imprisonment I find, some more time for payment as indicated hereunder can be granted. 4. Affirming the conviction, the accused is directed to appear before the Magistrate on 14-11-2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report payment of the fine. The learned Magistrate is directed to keep in abeyance the execution of sentence against the accused till the date fixed as above for his appearance. In default of his Crl. R.P No.2270/2011 - 3 - appearance and nonpayment of the fine within such period, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. The revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge