IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Crl.Rev.Pet.No. 1982 of 2011() ------------------------------------------- CRA.NO. 71/2004 of ADDL.SESSIONS COURT, THALASSERY CC.NO.608/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------------------------------------------------- N.T.HAMZA, S/O.SAIDU MUSALIYAR, AGED 39 YEARS, PALLAMVEETTIL HOUSE, P.O.NEERVELI. BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KORAMBATH KELAN, S/O.CHATHU, KUNHIBABA NIVAS, P.O.NEERVEI-670 701, KANDAMKUNNU AMSOM DESOM. R1 BY PUBLIC PROSECUTOR SMT.REKHA C. NAIR R2 BY ADV. SRI.BINDU SREEKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1982 OF 2011 ----------------------------------------- Dated this the 20th day of August 2011 ORDER The revision is by the accused, convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. When the revision came up for consideration, the learned counsel for the petitioner/accused, submitting that he has no arguments on the merits to challenge the conviction and sentence requested for time to pay the compensation awarded and, thus, avoid the default term of imprisonment. Negativing the plea of not guilty canvassed by the accused, on his conviction, the learned Magistrate has sentenced him to undergo simple imprisonment for three months and to pay compensation of `.30,000/- to the complainant. In appeal, affirming the conviction, the learned Sessions Judge reduced the substantive term of imprisonment to one day, till the rising of the court, retaining the sum awarded as compensation, but with default term of simple imprisonment for one month. Cheque involved in the case is seen dated 20-06-2000. When that be the case, there is no merit in seeking further extention of time, after the conviction of the petitioner/accused, stands confirmed by the appellate court as well. Crl.R.P No.1982 OF 2011 2 2. Petitioner is directed to appear before the learned Magistrate on 19-09-2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report the payment of compensation. Till such date fixed 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 fine, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge