IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.Rev.Pet.No. 3233 of 2010 () ------------------------------ (CRA.876/2009 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CC.286/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------ ANANDAN, S/O.PRASANNA PARVARTHY NILAYAM, VATTIPARAMBIL, PAKEVATH HOUSE, THIRUWILWAMALA VILLAGE, THALAPPILLY TALUK. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS/RESPONDENTS/COMPLAINANT: ---------------------------------------------------------------------- 1. SIVASANKARAN, S/O.KUNJIKUTTY AMMA CHANDRALAYAM, MALESAMANGALAM VILLAGE, DESOM, THALAPPILLY TALUK 682 623. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3233 of 2010 ------------------------------- Dated this the 3rd day of November, 2010. O R D E R The challenge is against the conviction and sentence imposed against the revision petitioner u/s.138 of Negotiable Instruments Act. 2. The counsel for the revision petitioner submitted that the revision petitioner has no contention on merit but the counsel for the revision petitioner submitted that the revision petitioner seeks some time to pay the compensation amount. Having regard to the facts and circumstances involved in the case, I find no reason to deny the above request and while granting some time to pay the compensation, the amount can be enhanced slightly considering the fact that the cheque in question is dated 7.3.2008 that too for an amount of Rs.1,00,000/- and the said amount is with the revision petitioner for the last 2 years. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of 2 Crl. R.P.No.3233 of 2010 Negotiable Instruments Act as recorded by the courts below. Accordingly, the sentence of imprisonment imposed against the revision petition by the appellate court is confirmed and the revision petitioner is directed to pay a sum of Rs.1,10,000/- to the complainant as compensation u/s.357(3) of Cr.P.C., within 3 months from today and in case of default in paying the compensation amount within the stipulated time, the revision petitioner is directed to undergo simple imprisonment for 3 months. Accordingly, the revision petitioner is directed to appear before the trial court on 3.2.2011, to receive the sentence of imprisonment and to pay the compensation amount as directed by this court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 3.2.2011. 3 Crl. R.P.No.3233 of 2010 Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/