IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.Rev.Pet.No. 1331 of 2011() ------------------------------ ST.729/2006 OF JFCM COURT- VII, TRIVANDRUM CRA NO.812/2007 OF THE SESSIONS COURT, TRIVANDRUM .................... REVN. PETITIONER: --------------------------- P.RAMACHANDRAN NAIR, S/O.PADMANABHAN NAIR, AGED 75 YEARS, LALAITHA VILASOM, TC 25/2577, KUNNUMPURAM, VANCHIYOOR, THIRUVANANTHAPURAM-35. BY ADV. SRI.C.C.ABRAHAM SRI.V.J.JAMES RESPONDENT(S): --------------- 1. SANKARANARAYANARU, TC 36/983, SAVIJA N.S.S.KARAYOGAM ROAD, PERUNTHANNI, PETTAH VILLAGE THIRUVANANTHAPURAM- 695008 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT ERNAKULAM. R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1331 of 2011 --------------------------------------------- Dated this the 24th day of May, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the revision petitioner and the challenge in this Revision Petition is against the conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount. I find no reason to reject the above request. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment as modified and fixed by the appellate court and the fine amount fixed by the courts below, and the default sentence, the revision petitioner is granted 45 (forty CRRP 1331/11 2 five) days time to pay the fine amount. It is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to deposit the fine amount within the above extended time. On realisation of the fine amount, the same shall be given to the complainant as compensation under Section 357(1)(b) of Cr.P.C. Accordingly, the revision petitioner is directed to appear before the trial court on 8th July, 2011 to receive the sentence of imprisonment as modified and fixed by the appellate court and to pay the fine amount. In case of any failure on the part of the revision petitioner in appearing before the trial court on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 8th July, 2011. V.K.MOHANAN, Judge. kvm/- CRRP 1331/11 3 KVM/-