IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Crl.Rev.Pet.No. 2058 of 2011() ------------------------------ CRA.553/2009 of SESSIONS COURT, PALAKKAD ST.557/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... REVN. PETITIONER(S): APPELLANT ------------------------------ K.N. SREEDEVI, AGED 60 YEARS, W/O. LATE PONNU, PALANCHERRY VEEDU, KURUDIKKAD, PUTHUSSERY AMSOM, PALAKKAD TALUK. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): RESPONDENTS -------------------------- 1. M.K. MANOHARAN, AGED 49 YEARS, S/O. LATE KUNCHU, SANTHA NIVAS, 11/180 MANALI, KOPPAM AMSOM, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.K.MOHANAN(PALAKKAD) R2 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2058 OF 2011 ----------------------------------------- Dated this the 26th day of August 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. 2. When the revision came up for consideration, the learned counsel for the petitioner submitted that he has no challenge against the conviction and sentence, but, only a request to be made for extension of time to pay the amount fixed as compensation. The learned Sessions Judge, affirming the conviction in the appeal, has modified the substantive term of imprisonment, reducing it to one day, till the rising of the court, directing the petitioner/accused to pay compensation of `.1,50,000/- with default term of imprisonment for two months as fixed by the learned Magistrate. Cheque involved in the case is dated 19-09-2007 and the sum covered by that instrument is `.1,50,000. The dishonour of that cheque has given raise to the prosecution and ultimately the conviction of the accused. Having regard to the time lag after the commencement of the prosecution, and the continuation of the litigation, prima facie, there is no merit in the request made for further extension of time to pay the Crl.R.P No.2058 OF 2011 - 2 - compensation fixed. However, taking note of the submissions made by the counsel, some more time as indicated hereunder can be extended to the petitioner to pay the compensation to avoid his incarceration in prison by undergoing the default term of imprisonment. 3. Affirming the conviction and sentence, the petitioner is directed to appear before the Magistrate on 24-10-2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report payment of the compensation. Till the date fixed as above for his appearance, the learned Magistrate is directed to keep in abeyance the execution of sentence. In default of his appearance and nonpayment of the compensation, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. vdv S.S.SATHEESACHANDRAN, JUDGE