IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 Crl.Rev.Pet.No. 1409 of 2011() ------------------------------ CRA.696/2009 of THE ADDL.DISTRICT & SESSIONS JUDGE, FAST TRACK (ADHOC-II), KOZHIKODE. CC.371/2008 of 2008 OF JUDL.FIRST CLASS MAGISTRATE (MARAD CASES), KOZHIKODE. .................... REVN. PETITIONERS: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- BENNY PETER, AGED 36 YEARS, SON OF A.J.PETER, ST.MARY'S ENTERPRISES, P.T.COMPLEX, NEAR MINSHA HOSPITAL, MAIN ROAD, KAMBALAKKAD, WAYANAD DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: COMPLAINANT -------------------------- 1. M/S.POWER ELECTRONICS, VIKAS BUILDING, RAILWAY STATION LINK ROAD, CALICUT-673 002, REPRESENTED BY THE POWER OF ATTORNEY HOLDER MAHENDRA GANGADAS JAWANTHIYA, SON OF GANGADAS. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031. R2 BY P.P.SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. 1409 OF 2011 ---------------------------------------- Dated 6th day of June, 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 NI Act. 2. As this court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that breathing time may be granted to the revision petitioner to pay the compensation amount fixed by the appellate court. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission requires positive consideration and accordingly, 45 days time can be granted to the revision petitioner to pay the compensation amount. In the result, this Crl.R.P. is disposed of confirming the conviction of the revision petitioner under section 138 of the Negotiable Instruments Act as ordered by the courts below. Accordingly, the sentence of imprisonment ordered by the trial court and confirmed by the appellate court, and the direction to pay compensation and the compensation amount and the default sentence fixed by the appellate court are confirmed. But the petitioner is granted 45 days time to pay the compensation amount. crrp 1409/11 2 It is made clear that the default sentence will be attracted only in case of failure on the part of the revision petitioner in paying the compensation amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 21st July, 2011 to receive the sentence and to pay the compensation. If there is any failure on the part of the revision petitioner in appearing and paying the compensation, the trial court is directed to take coercive steps to secure his presence and to execute the sentence and to realize the amount. Coercive steps if any pending against the revision petitioner shall be deferred till 21st July, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE. kvm/-