IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 21ST DAY OF DECEMBER 2011/30TH AGRAHAYANA 1933 CRRP.No. 2710 of 2011 ( ) -------------------------------------- CRA.52/2010 OF THE SESSIONS COURT, KALPETTA CC.142/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALPETTA ---------------- REVISION PETITIONER/APPELLANT / ACCUSED P.A.MATHEW, S/O.AUGUSTINE, PARUMBIL HOUSE, ELLUMANNAM P.O., WAYANAD DISTRICT BY ADV.SRI.V.TEKCHAND RESPONDENTS / RESPONDENTS /COMPLAINANT AND STATE 1. M/S.KALPETTA JANAKSHEMA MARUTHI CHITTS (P)LTD, KALPETTA, ROYAL PLAZA BUILDING, REP BY ITS MANAGER SRI.SHANMUGADAS, S/O.YASODARAN, SHEEJA BHAVANAM, KANNUMBATTA P.O., CHUNDALE, WAYANAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31 R1 BY ADV.SRI.ANEESH JOSEPH R2 BY PUBLIC PROSECUTOR SMT.SEENA R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NK S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2710 OF 2011 ----------------------------------------- Dated this the 21st day of December 2011 ORDER Petitioner is the accused in a cheque case. Conviction rendered against him for the offence under Section 138 of the NI Act by the two courts below concurrently is assailed in this revision. Sentence imposed directs his simple imprisonment for a period of one month apart from paying a sum of `.40,000/- as fine with default term of imprisonment for one month more. 2. Notice given, the 1st respondent/complainant has entered appearance. 3. When the revision came up for consideration today, the learned counsel for the petitioner/accused submitted that modification and reduction of the substantive term of imprisonment imposed with a direction for grant of some more time for payment of the fine, that alone is requested for in the revision. No special circumstance has been made out in the case to justify the imposition of the harsh punishment of substantive term of imprisonment of one month against the petitioner/accused. Sentence imposed against the accused shall therefore stand modified and reduced to imprisonment till the rising of Crl.R.P No.2710 OF 2011 2 the court retaining the fine fixed with default term of imprisonment. Time requested for payment is one month. Considering the submissions made by the counsel, I find, the period sought for can be provided, to avoid the default term of imprisonment. 4. Affirming the conviction, sentence imposed against the petitioner is modified and reduced to imprisonment till the rising of the court, retaining the fine with the default term of imprisonment. Petitioner is directed to appear before the magistrate on 06-02-2012 to serve out the imprisonment till the rising of the court, and to report the payment of fine. Magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance, to enable him to pay the fine within such period. In default of his appearance and nonpayment of the fine, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge