IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.Rev.Pet.No. 2438 of 2011() ------------------------------ CRA.81/2010 of ADDL.SESSIONS COURT,-I, MAVELIKKARA ST.38/2009 of JUDICIAL1ST CLASS MAGISTRATE COURT III, MAVELIKKARA .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/ACCUSED. -------------------------------------------------- BIJU THOMAS, S/O.THOMAS, KARUKATHEKKATHIL HOUSE, CHERUKOLE P.O., MAVELIKKARA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE. ------------------------------------------------- 1. LINTO CLETES, S/O.CLELTUS, ANJALIMOOTTIL HOUSE, CHERUKOLE, MAVELIKKARA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.SEENA.R THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pm S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P.No. 2438 of 2011 --------------------------------------------- Dated this the 19th day of October, 2011 ORDER Revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, (for short the N.I.Act), concurrently by the two Courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal is fine of Rs.1,55,000/- with default term of simple imprisonment for three months. 2. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but only a request for some more time to pay off the compensation and thus avoid the default term of imprisonment. Though the learned Sessions Judge has granted five months time while disposing of the appeal, modifying the sentence by limiting it to fine alone, with default term, the counsel submits that the petitioner needs some more time to dispose his property to pay off the fine. Considering the submissions made as aforesaid by the counsel, I find that some more time, as indicated hereunder, can be granted to the accused to pay the fine. Crl.R.P.No. 2438 of 2011 2 3. Affirming the conviction and sentence the petitioner/accused is granted three months time from today for paying off the fine fixed and awarded, to avoid the default term of imprisonment. The Magistrate is directed to keep in abeyance the execution of the sentence against the accused for a period of three months from today to enable him to pay fine within such time. In default of payment of the fine within the aforesaid period of three months, the Magistrate shall take appropriate steps for executing the sentence against the accused in accordance with law. Revision disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge