IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.Rev.Pet.No. 3213 of 2010() --------------------------------------- CRA.407/2009 of ADDL.SESSIONS COURT, (ADHOC-1), ERNAKULAM CC.197/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERUMBAVOOR. .................... REVN. PETITIONES: APPELLANT/ACCUSED: -------------------------------------------------------------- P.J.MATHAI, S/O.YOHANNNAN, AGED 48 YEARS, PARATHUVAYALIL VEEDU, IRINGOLE P.O., PERUMBAVOOR. BY ADV. SRI.N.K.MOHANLAL RESPONDETS: COMPLAINANT NO.1: ------------------------------------------- 1. K.G.JOSE, KOLLANNUR HOUSE, A.K.G.ROAD, KANJIRAKKADU, RAYONPURAM P.O. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.3213 OF 2010 ---------------------------------------- Dated 11th day of November, 2010 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed against the revision petitioner who is the accused in a prosecution for the offence under section 138 of the NI Act. 2. Learned counsel for the revision petitioner submitted that the revision petitioner has no contention on merit and he requires some time to pay the fine amount. Having regard to the facts and circumstances involved in this case, I am of the view that the above request can be considered positively and 45 days time can be granted to the revision petitioner to deposit the fine amount and to receive the sentence of imprisonment imposed by the appellate court. In the result, this Crl,R.P. is disposed of confirming the conviction and sentence of imprisonment, the sentence to pay fine and the default sentence ordered by the appellate court and the petitioner is granted 45 days time from today to pay the fine amount and it is made clear that the default CRRP 3213/10 :-2-: sentence will be attracted only in case of default to pay the fine amount within the above extended period. Accordingly, the revision petitioner is directed to appear before the trial court on 27th December, 2010, to receive the sentence and to pay the fine amount. In case of any failure on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and to realise the fine amount. Coercive steps if any pending against the revision petitioner shall be kept in abeyance till 27-12-2010. Subject to the extension of time to pay the fine amount, this Crl.R.P. is dismissed. V.K.MOHANAN, JUDGE. kvm/-