IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.Rev.Pet.No. 917 of 2011(D) ------------------------------------------- [CRL.A.NO.149/2005 OF ADDITIONAL SESSIONS COURT (ADHOC) I, KOLLAM, CC.NO.1416/2001 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, KOLLAM] .................... PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------- THAJUDHEEN, THAJU BHAVAN, THAZHUTHALA CHERRY, ADICHANALLOOR, KOTTIYAM P.O, KOLLAM- 691 571. BY ADV. SRI.B.SURESH KUMAR. RESPONDENTS/STATE & THE COMPLAINANT: ------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. B.SATHYAN, NANJENVILA VEEDU, THAZHUTHALA CHERRY, ADICHANALLOOR, KOTTIYAM P.O, KOLLAM-691 571. R1 BY PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J ------------------------------ Crl.R.P.No.917 of 2011 ---------------------------------------- Dated this the 26th day of May, 2011 ORDER The accused in a prosecution for the offence under Section 138 of the NI Act is the revision petitioner, as he is aggrieved by the conviction and sentence imposed against him by the courts below. 2. As this court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that the sentence of imprisonment ordered against the revision petitioner is unreasonable and exorbitant and therefore a lenient view may be taken and the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be allowed and accordingly, one month time is granted to pay the compensation amount and to receive the sentence of imprisonment ordered by the trial court. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the NI Act as recorded by the trial court as well as the appellate Crl.R.P.No.917 of 2011 2 court. Accordingly, while confirming the sentence of imprisonment as modified and fixed by the appellate court and the direction to pay fine, the petitioner is granted one month time to receive the modified sentence and to pay the fine amount. It is made clear that the default sentence fixed by the appellate court will be attracted only in case of failure on the part of the petitioner in appearing before the trial court and depositing the fine amount within one month from today. Accordingly, the revision petitioner is directed to appear before the trial court on 27.06.2011 to receive the modified sentence and to pay the fine amount. If there is any failure on the part of the revision petitioner in appearing before the courts below and depositing the fine amount on the date fixed above, the trial court is free to take steps to execute the sentence and for realisation of fine amount. Coercive steps if any pending against the revision petitioner shall be deferred till 27th June, 2011. V.K.MOHANAN, JUDGE pm/