IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.Rev.Pet.No. 2486 of 2011() ------------------------------ CRA.177/2008 of ADDITIONAL SESSIONS JUDGE, IRINJALAKUDA CC.170/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... REVN. PETITIONER: --------------------- SAJEEVAN, S/O.MANIKUTTY, CHEERAMBATH HOUSE, MULSNGU DESOM, THOTTIPPAL VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: --------------- 1. M/S.LUCKY HIARE PURCHASE, E.G.COMPLEX, TANE, IRINJALAKUDA, MUKUNDAPURAM TALUK, REPRESENTED BY MANAGING PARTNER, LIJO, S/O.THOZHUTHUPARAMBIL OUSEPPUNNY, CHOVUR VILLAGE, THRISSUR. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SMT.SEENA R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P.No. 2486 of 2011 --------------------------------------------- Dated this the 18th day of October, 2011 ORDER Revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, (for short the N.I.Act), concurrently by the two Courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal is imprisonment till rising of the court with direction to pay compensation of Rs.80,000/- with default term of simple imprisonment for three months. 2. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that, he has no arguments on merits to assail the conviction and sentence, but only a request for grant of two months time to pay off the compensation and thus avoid the default term of imprisonment. Considering the submissions made by the counsel as aforesaid and taking into account the facts involved in the case, as presented in the judgments rendered by the learned Magistrate and also the learned Sessions Judge, I find that some more time, as indicated hereunder, can be granted to the accused to pay the compensation and thus avoid his incarceration in prison. Crl.R.P.No. 2486 of 2011 2 3. Affirming the conviction and sentence the accused is directed to appear before the Magistrate on 19.12.2011 to serve out the imprisonment till the rising of the court and to report the payment of compensation. The Magistrate is directed to keep in abeyance the execution of the sentence against the accused 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 non payment of the compensation the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge