IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.Rev.Pet.No. 406 of 2011() ------------------------------------------ CRA.751/2008 of SESSIONS COURT, PALAKKAD ST.4940/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------- V.RADHAKRISHNAN, S/O.VELLA, KOOTHUPARAMBIL HOUSE, EDATHARA P.O., PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S)/ STATE/ COMPLAINANT -------------------------------------------------------- 1. C.MASILAMANI, S/O.CHAM MOOTHAN, THIRUPURAKKAL COLONY, MELAMURI, PALAKKAD-679307. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 406 of 2011 --------------------------------------------- Dated this the 23rd day of February, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. Counsel for the petitioner submitted that the petitioner has no contention on merit and he requires some time to pay the fine amount. 3. Having regard to the facts and circumstances of the case, I am of the view that forty five days time can be granted to the petitioner to pay the fine amount. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the courts below. Accordingly, the revision petitioner is directed to Crl.R.PNO.406 of 2011 :-2-: deposit the fine amount ordered by the trial court, confirmed by the appellate court, in the trial court within forty five days from today. The default sentence fixed by the trial court, confirmed by the appellate court, will be attracted only if there is any failure on the part of the revision petitioner to deposit the fine amount within the above extended time. On realisation of the fine amount, the entire sum shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. Accordingly, the revision petitioner is directed to deposit the above fine amount on or before 8th April, 2011. In case of any failure on the part of the revision petitioner in making the deposit of fine amount on or before the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 8th April,2011. MBS/ V.K.MOHANAN, Judge. Crl.R.PNO.406 of 2011 :-3-: