IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.Rev.Pet.No. 866 of 2011() ----------------------------- CRA.190/2006 of ADDL. SESSIONS COURT, THRISSUR CC.1272/2001 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER(S): 2ND APPELLANT/3RD ACCUSED ---------------------------------------------- BALAN, AGED 44 YEARS, S/O.KOCHUNNI NAIR, SOWBHAGRA, KIZHAKKUMPATTUKARA, THRISSUR. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. P.J.VARGHESE, S/O.JACOB, PULLOKKARAN HOUSE, CHJIYYARAM VILLAGE, DESOM, THRISSUR TALUK, PROPRIETOR, M/S.FURNI-KIT, KOKKALAI, THRISSUR, REPRESENTED BY POWER OF ATTORNEY HOLDER WILSON, S/O.PORINCHU, MAROKY HOUSE, CHEMBUKKAVU VILLAGE, DESOM, THRISSUR TALUK-680001. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.REKHA C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.R.P.NO.866 OF 2011 ---------------------------------------------- Dated this the 1st day of April, 2011. ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed on the revision petitioners, who are the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioners submitted that each of the petitioners may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioners can be granted one month time to pay the compensation amount fixed by the appellate court. In the result, this revision petition is disposed of confirming the conviction of the revision petitioners under Section 138 of the N.I. Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, the compensation amount and the default sentence as ordered by the courts below each of the petitioners are granted one month time from today to pay the compensation amount. It is made clear that the default Crl.R.P.NO.866 OF 2011 2 sentence fixed by the court below against the petitioners will be attracted only in case of default in paying the compensation amount within one month from today. Accordingly, the revision petitioners are directed to appear before the trial court on 02.05.2011 to receive the sentence of imprisonment and to pay the compensation amount. If there is any failure on the part of the revision petitioners in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioners and to secure their presence and to execute the sentence and for realisation of the compensation amount. Coercive steps, if any, pending against the revision petitioners shall be deferred till 2nd May, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE pm