IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Crl.Rev.Pet.No. 1701 of 2011() ------------------------------ CRA.95/2008 of I ADDL. DISTRICT & SESSIONS COURT, TRIVANDRUM ST.324/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT X, THIRUVANANTHAPURAM. .................... REVISION PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------------------------- PHILIP GEORGE, TC.NO.12/1364, TNRA 14, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.S.M.PREM, SMT.K.P.SANTHI, SRI.P.K.NIJOY. RESPONDENT(S): RESPONDENT:COMPLAINANT: ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. MOHAN MATHAI, HOUSE NO.45 A, ATTUMANIL COTTAGE, THOPPIL NAGAR, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -695 011. R1 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN R2 BY ADV. SRI.R.GOPAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1701 OF 2011 ----------------------------------------- Dated this the 27th day of July 2011 ORDER The revision is by the convicted accused for the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently, by the two inferior courts. 2. Notice given, the 2nd respondent/complainant has entered appearance through counsel. The learned counsel for the petitioner submits that no arguments on merits is sought to be canvassed for as against the conviction and sentence, but, only a request is made for extension of time to pay the compensation and, thus, avoid the default term of imprisonment. In the light of the submissions made as above, no further scrutiny over the conviction and sentence imposed by the two inferior courts arise for consideration. The cheque amount is Rs.1,08,646/- and that alone was awarded as compensation. It is seen that the cheque was dated 31-01-2004. When such be the case, normally, no further indulgence can be extended for payment of the compensation awarded by the courts after finding the accused guilty and convicted him for the offence. However, there will be a direction to the Magistrate to keep in abeyance the execution of the sentence for a period of six weeks from today to enable the petitioner to pay the Crl.R.P No.1701/2011 - 2 - compensation within such time. Petitioner shall appear before the Magistrate on 26-09-2011 to serve out the substantive term of imprisonment for one day, till rising of the court, and also to report payment of the compensation. In default of his appearance and nonpayment of the compensation, the Magistrate shall take appropriate steps for execution of sentence in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge