IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.Rev.Pet.No. 1351 of 2011() ------------------------------------------- CRA.NO. 549/2009 of II ADDL. SESSIONS COURT, TRIVANDRUM CC.NO. 94/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------------------------------------------- V.VENUGOPALAN NAIR, S/O.VELAYUDHAN NAIR, K.N.HOUSE, NETTAYAM, THIRUVANANTHAPURAM. BY ADV. SMT.A.K.PREETHA SRI.C.ANIL KUMAR RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.S.VENUGOPAL, S/O.SUKUMARAN, T.C. 10/2181 KUNNUVILAKATHU VEEDU, KANJIRAMPARA, THIRUVANANTHAPURAM.PIN- 695 001 R1 BY PUBLIC PROSECUTOR SRI. V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J ------------------------------- Crl.R.P.No.1351 of 2011 ---------------------------------------- Dated this the 27th day of May, 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 Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that 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 petitioner can be granted 45 days time to pay the fine amount fixed by the appellate court. In the result, this 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, direction to pay fine, the fine amount and the default sentence, the petitioner is granted 45 days time from today to pay the fine amount. It is made clear that the default sentence fixed by the courts below Crl.R.P.No.1351 of 2011 2 will be attracted only in case of default in paying the fine amount within 45 days from today. Accordingly, the revision petitioner is directed to appear before the trial court on 12.7.2011 to receive the modified sentence of imprisonment and to pay the fine amount. If there is 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 for realisation of the fine amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 12th July, 2011. V.K.MOHANAN, JUDGE pm/