IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Crl.Rev.Pet.No. 2539 of 2011() ---------------------------- CRA.383/2009 of SESSIONS COURT, THRISSUR ST.1500/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR .................. REVISION PETITIONER/APPELLANT / ACCUSED : ------------------------------------------------------------------------ SANTHAKUMARI, W/O.SIVARAMAN, PULIVAELIKUNNIL HOUSE, PUTHUR VILLAGE, DESOM, THRISSUR BY ADV. SRI.DILIP J. AKKARA RESPONDENT / RESPONDENT / COMPLAINANT / STATE : ----------------------------------------------------------------------------------- 1. SREEDHARAN, S/O.RAGHAVAN NAIR, MADATHATT HOUSE, KOLAMKUNDU DESOM, MANNAMANGALAM VILLAGE, THRISSUR-680014 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY ADV. SRI.T.RAJASEKHARAN NAIR R2 BY PUBLIC PROSECUTOR SRI. T.R. RAJESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2539 OF 2011 ----------------------------------------- Dated this the 27th 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, 'NI Act'), concurrently, by the two courts below. Sentence imposed against the accused, as modified by the learned Sessions Judge, is imprisonment till the rising of the court and to pay compensation of `.1,50,000/- to the complainant with default term of simple imprisonment for two months. 2. Notice given, the 1st respondent/ complainant has entered appearance. 3. When the revision came up for consideration, the learned counsel for the petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of four months time to pay the compensation fixed and awarded, and, thus, avoid the default term of imprisonment. The learned counsel for the complainant objected the period of time requested for pointing out that the cheque involved in the case is of the year 2004. However, it is submitted that reasonable time, as deemed fit and proper, for payment may be fixed and granted by this court. Crl.R.P No.2539 OF 2011 2 4. Considering the submissions made by the learned counsel for the petitioner/accused, pointing out the extenuating circumstances available in favour of the petitioner/accused to seek for extension of time and also that he has to dispose off a property to pay the sum fixed as compensation, I find, a period of three months can be granted to pay the sum and, thus, avoid the default term of imprisonment. 5. Affirming the conviction and sentence, petitioner/accused is directed to appear before the Magistrate on 07-02-2012 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. The learned Magistrate is directed to keep in abeyance the execution of sentence 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 nonpayment of the compensation, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge