IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Crl.Rev.Pet.No. 92 of 2008() ---------------------------- CRA.117/2007 of ADDL. SESSIONS COURT (ADHOC-I), KOZHIKODE ST.475/2006 of SPECIAL JUDL.MAGISTRATE OF FIRST CLASS-I, (MARAD CASES) KOZHIKODE .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------------- P.I. AAMU, S/O. LATE KUNHIKOYA AGED 52 YEARS, A.R. TRAVELS, M.M. ALI ROAD, CALICUT-2. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------------------------ 1. M/S. RICHFIELD CHITS (P) LTD., 18/826, SHUKKOOR BUILDING, KANDANKULAM ROAD CALICUT, REP. BY MANAGING PARTNER P.M. BALAKRISHNAN, S/O. LATE CHOYI PARAPURATH HOUSE, P.O. PANTHERANKAVU CALICUT -19, BY HIS POWER OF ATTORNEY HOLDER SRI. E.M. VELAYUDHAN, S/O/ E.M. KUTTAN ARREARS MANAGER, MOOPIL THAZHATH HOUSE P.O. PATHEERANKAVU, CALICUT-19. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 92 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2008 O R D E R This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I. Act. The petitioner now faces the sentence of imprisonment till rising of Court and to pay the actual cheque amount of Rs. 58,689/- as compensation and in default to undergo S.I. for a period of one month. The cheque is dated 16.8.2005. The petitioner claims to be aggrieved by the impugned order. 3. Called upon to explain the nature of challenge which the petitioner wants to mount against the impugned concurrent judgments, the learned counsel for the petitioner only prays that three months further time may be granted to the petitioner so that the petitioner can raise the amount, pay the same and avoid the default sentence. Crl.R.P.No. 92 of 2007 2 4. I find absolutely no merit in the prayer for any long further time to make the payment. However, I am satisfied that a short breathing time can be granted to the petitioner to raise and pay the compensation amount and thus avoid the default sentence. 5. This revision petition is accordingly dismissed, but with the specific observation that the petitioner shall have time till 29.2.2008 to pay the amount and avoid default sentence. The impugned sentence shall not be executed till that date. On or before 1.3.2008 the petitioner shall appear, and his sureties shall produce him, before the learned Magistrate for execution of the impugned sentence. (R. BASANT) Judge tm