IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Crl.Rev.Pet.No. 2042 of 2011() --------------------------- CRA.579/2010 OF III ADDL.SESSIONS COURT, KOZHIKODE .................... REVISION PETITIONER / APPELLANT / ACCUSED : ------------------------------------------------------------------------- VALSALA.P.K., W/O.BHARATHAN.V.C., AGED 48 YEARS, VC NIVAS, NADUVANGAD, P.O.MADAVOOR, VIA.NARIKKUNI, KOZHIKODE DISTRICT. BY ADV. SRI.P.R.SREEJITH RESPONDENTS/RESPONDENTS/COMPLAINANT : ----------------------------------------------------------------------- 1. MAHESWARI FINANCE AND INVESTMENT, 3RD FLOOR MALABAR GATE, RAM MOHAN ROAD, CALICUT-4, REPRESENTED BY ITS MANAGING PARTNER K.DINESAN, S/O.NARAYANAN, AGED 36 YEARS. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2042 OF 2011 ----------------------------------------- Dated this the 26th day of August 2011 ORDER Revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently, by the two inferior courts. 2. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that no arguments on merits is sought to be addressed as against the conviction and sentence, but, only a request to be made for a period of three months to pay the compensation awarded and, thus, avoid the default term of imprisonment. 3. Cheque involved in the case is dated 01-12-2008, for a sum of Rs.75,750/-. A sum of 75,750/- has been fixed and awarded as compensation payable to the complainant under Section 357(3) of the Code of Criminal Procedure with default term of imprisonment for a period of one month, apart from imposing a punishment of imprisonment for a day, till the rising of the court. Petitioner/accused is a woman. Having regard to the submissions Crl.R.P No.2042 OF 2011 - 2 - made by the counsel for the petitioner, pointing out the extenuating circumstances in her favour to seek extension of time for payment of compensation, I find some more time can be granted, if not, a period as requested for, as indicated hereunder. 4. Affirming the conviction and sentence, the petitioner is directed to appear before the Magistrate on 07-11-2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report payment of the compensation. Till the date fixed as above for her appearance, the learned Magistrate is directed to keep in abeyance the execution of the sentence against the petitioner to enable her to pay the compensation within such time. In default of her appearance and nonpayment of the compensation, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge