IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Crl.Rev.Pet.No. 2481 of 2011() ------------------------------ CRA.458/2010 of SESSIONS COURT, TRIVANDRUM ST.1438/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... REVN. PETITIONER(S): --------------------- REMANI.M., W/O.DASAN, C-A2, AUDIT BHAVAN, AGS.OFFICE, THIRUVANANTHAPURAM BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------- 1. MANOJ N.V., VASANTHI BHAVAN, PARAVILA, PACHALLOOR P.O., THIRUVANANTHAPURAM-695012 2. STATE OF KERALA, REPRPESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.T.R.RAJESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P.No. 2481 of 2011 --------------------------------------------- Dated this the 20th day of October, 2011 ORDER Revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, (for short the N.I.Act), concurrently by the two Courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal is imprisonment till rising of the court with direction to pay fine of Rs.65,000/- with default term of simple imprisonment for two months. 2. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but only a request to be made for grant of some more time to pay the fine and thus avoid the default term of imprisonment. Going through the judgments rendered by the Magistrate and also the learned Sessions Judge and taking note of the facts and circumstances involved, I find a short period as indicated hereunder, can be granted for payment of fine. 3. Affirming the conviction and sentence the accused is directed to appear before the magistrate on 19.12.2011 to serve Crl.R.P.No. 2481 of 2011 2 out the imprisonment till rising of the court and to report the payment of fine. The magistrate is directed to keep in abeyance the execution of the sentence against the accused till the date fixed as above to enable him to pay fine within such period. In default of his appearance and non payment of the fine, within the aforesaid period, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge