IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl.Rev.Pet.No. 2791 of 2011() ------------------------------------ CRA.405/2008 of I ADDL. SESSIONS COURT, TRIVANDRUM ST.800/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-IX, THIRUVANANTHAPURAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------ R.THANKAMMAL, T.C. 30/1027, THUNDUVILAKATHU VEEDU, MOSQUE LANE, PETTAH P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. R.BHAGAVATHY AMMAL, D/O. RAJAMMAL, T.C.11/1816, ASWATHY RANO.10, WEST CLIFF GARDEN YMR JUNCTION KOWDIAR THIRUVANANTHAPURAM NOW RESIDING IN HOUSE NO.107 EMS NAGAR PATTUR, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN R2 BY ADV. SRI.S.R.SREEJITH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs S.S.SATHEESACHANDRAN, J. ----------------------------------------------- Crl.R.P.No.2791 of 2011 ----------------------------------------------- Dated this the 2nd day of December, 2011 O R D E R Revision is by the accused in a cheque case, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, 1881 {for short ‘the Act’} concurrently by two courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal is imprisonment till the rising of the court and to pay fine of Rs.3,50,000/- with default term of simple imprisonment for 35 days more. 2. Notice given, the 1st respondent/ complainant has entered appearance. 3. The revision coming up for consideration today, the learned counsel for the petitioner/accused submitted that he has no arguments to assail the conviction and sentence on its merits but only a request to be made for grant of 4 months time to pay the fine, which has been directed to be paid to the complainant as Crl.R.P.No.2791 of 2011 :: 2 :: compensation, and thus avoid the default term of imprisonment. 4. Cheque which had given rise to the prosecution and conviction of the petitioner, on its dishonour, is dated 17.01.2005 and the sum covered by such instrument is Rs.3,50,000/-. That alone has been awarded as fine with direction to pay such sum, if realised, as compensation to the complainant. When that be so, prima facie, there is no merit in the request made for further time to pay the fine. However, considering the submissions made by the counsel for the accused that he is, at present, facing financial difficulties, I find, short period, as indicated hereunder, can be provided for payment of the fine, to enable him to avoid the default term of imprisonment. 5. Affirming the conviction and sentence imposed against the accused, he is directed to appear before the magistrate on 05.03.2012, to serve Crl.R.P.No.2791 of 2011 :: 3 :: out the imprisonment till the rising of the court and to report the payment of fine. The magistrate shall keep in abeyance the execution of the 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 non- payment of the fine, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of as above. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.