IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 16TH DAY OF DECEMBER 2011/25TH AGRAHAYANA 1933 CRRP.No. 2911 of 2011 ( ) [CRL.A.NO.566/2008 OF I ADDITIONL SESSIONS COURT, KOLLAM DTD. 11/10/2011, ST.NO.54/2008 OF JUDICIAL MAGISTRATE OF I CLASS COURT-V , KOLLAM DTD. 29/11/2008] ........... REVISION PETITIONER/APPELLANT/ACCUSED: SUBASH, S/O.RAGHAVAN, SUBASH MANDIRAM, (MANAVILA COLONY) KOTTAMKARA, KARIKKODU P.O, KOLLAM. BY ADVS.SRI.C.RAJENDRAN, SMT.DHANYA S.DHARAN. RESPONDENTS/RESPONDENTS/COMPLAINANT: 1 THE STATE OF KERALA, REPRENSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 ANILKUMAR, S/O.DHARMAPALAN, KARIKKAL, NEERAVIL, PERINADU P.O, KOLLAM-691 601. R1 BY PUBLIC PROSECUTOR SRI. T.R. RAJESH. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2911 OF 2011 ----------------------------------------- Dated this the 16th day of December 2011 ORDER Revision is against the conviction of the petitioner for the offence under Section 138 of the Negotiable Instruments Act (for short, 'NI Act'), concurrently by the two courts below. Sentence imposed against the accused is imprisonment till rising of the court with direction to pay the cheque amount with default term of simple imprisonment for one month. 2. When the revision came up for consideration today, the learned counsel for the petitioner/accused submitted that she has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of two months time for payment of the fine and, thus, avoid the default term of imprisonment. 3. Cheque involved in the case is dated 10-06-2006. The dishonour of that instrument has led to the prosecution and ultimately the conviction of the accused. No part of the fine amount has been paid till date. When that be so, prima facie, there is no merit in the request made for extension of time for payment. However, considering the submissions made by the counsel that the petitioner Crl.R.P No.2911 OF 2011 2 at present is facing severe financial difficulties, a short period as indicated hereunder can be granted for payment. 4. Affirming the conviction and sentence, the accused is directed to appear before the magistrate on 23-01-2012 to serve out the imprisonment till the rising of the court, and to report payment of the fine. Magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance. 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