IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.Rev.Pet.No. 2441 of 2011() ------------------------------ CRA.186/2010 of SPL. COURT (NDPS ACT CASES), THODUPUZHA ST.917/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... REVN. PETITIONER(S): --------------------- SUDHA, W/O.LEKSHMANAN, LEKSHMANA NILAYAM, KOLIYOOR, MUTTAIKKADU P.O., VENGALUR THIRUVANANTHAPURAM-14 BY ADV. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.M.G.AISHWARYA RESPONDENT(S): --------------- 1. GANESH KUMAR, K.P., S/O.PRABHAKARAN NAIR, KUZHIPALIL VEEDU, KURISUPARA KARA, ANAVIRATTY VILLAGE, DEVIKULAM TALUK-685 602. 2. STATE OF KERAL, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. PUBLIC PROSECUTOR SRI.T.R.RAJESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pm S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P.No. 2441 of 2011 --------------------------------------------- Dated this the 19th day of October, 2011 ORDER Revision is by the accused in a cheque case, 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 off fine of Rs.32,750/-, cheque amount, with default term of simple imprisonment for two months. Fine if realised was directed to be paid to the complainant. 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 four months time to pay the fine and thus avoid the default term of imprisonment. Petitioner/accused is a lady and she is facing severe financial difficulties at present, is the submission of the counsel to justify the request made for seeking time four months for payment of the fine. Crl.R.P.No. 2441 of 2011 2 3. Since there is no challenge against the conviction and sentence, no dilation there of with reference to the judgments rendered by the two court below is called for. So far as the request made for grant of four months period for payment of fine having regard to the amount covered by the cheque and also that no part of the sum covered by that instrument has been paid to the complainant till date, prima facie, there is no merit. 4. Substantive term of imprisonment imposed by the trial court directing incarceration of the petitioner/accused for a period of three months as part of the sentence imposed has been modified and reduced to imprisonment till the rising of the Court by the Sessions Judge in appeal retaining the fine amount. What has been awarded as fine is only the amount covered by the cheque. The complainant, no doubt, might have incurred a lot of expenditure for prosecution of the complaint and also in supporting the conviction rendered against the accused when it was assailed by him in appeal before the lower appellate court. Taking note of those aspects, I find the period of time requested for by the accused, at any rate, cannot be granted. However taking into account the submissions made by the Crl.R.P.No. 2441 of 2011 3 counsel that the petitioner/accused at present is facing financial difficulties and if some more time is granted she will pay off the fine I think a short period, as indicated hereunder, can be granted for payment. 5. Affirming the conviction and sentence, the accused is directed to appear before the Magistrate on 20.12.2011 to serve out the imprisonment till the rising of the court and to report the payment of fine. The Magistrate is directed to keep in abeyance the execution of the sentence against the accused till the date fixed as above for her appearance, to enable her to pay the fine within such period. In default of her appearance and non-payment of the fine 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