IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.Rev.Pet.No. 814 of 2011() ----------------------------- CRA.17/2009 of SESSIONS COURT, PALAKKAD ST.2173/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... REVN. PETITIONERS: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- N.S.SARASWATHI, TYPIST, JWR DIVISION, IRRIGATION DEPARTMENT, CHUNNAMBUTHARA, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. NARAYANAN WARRIER, S/O.RAGHAVA WARRIER, SREESAILAM, AYYAPPANKAVU, VADAKKANTHARA PO, PALAKKAD 678001. R1 BY P.P. SRI SABU SREEDHAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No.814 of 2011 ---------------------------------------- Dated the 22nd Day of March, 2011 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed on the revision petitioner who is the accused in a prosecution for the offence under section 138 of the NI Act. 2. As this court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that breathing time may be granted to the revision petitioner to pay the compensation amount fixed by the appellate court. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission requires positive consideration and accordingly, 45 days time can be granted to the revision petitioner to pay the compensation amount. In the result, this Crl.R.P. is disposed of confirming the conviction of the revision petitioner under section 138 of the Negotiable Instruments Act as ordered by the courts below. Accordingly, the sentence of imprisonment ordered by the appellate court, the direction to pay compensation, the compensation amount and the default sentence fixed by the appellate court are confirmed. But the petitioner is granted 45 CRRP 814/11 2 days time to pay the compensation amount. It is made clear that the default sentence will be attracted only in case of failure on the part of the revision petitioner in paying the compensation amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 6th May, 2011 to receive the sentence and to pay the compensation. If there is any failure on the part of the revision petitioner in appearing and paying the compensation, the trial court is directed to take coercive steps to secure her presence and to execute the sentence and to realize the amount. Coercive steps if any pending against the revision petitioner shall be deferred till 6th May, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE. kvm/- CRRP 814/11 3