IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.Rev.Pet.No. 3317 of 2010 () ------------------------------ (CRA.209/2008 of II ADDL. SESSIONS COURT, THIRUVANANTHAPURAM ST.451/2006 of JUDL. FIRST CLASS MAGISTRATE COURT-X, THIRUVANANTHAPURAM). .................... REVN. PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------- MANOJ KUMAR, S/O.KARTHIKEYAN NAIR, PROP. K.K.N. AUTO STORES, KILLIPALAM, THIRUVANANTHAPURAM. BY ADVS. SRI.TOJAN J. VATHIKULAM SRI.GEORGE BRISTON.E.B SRI.PREMCHAND R.NAIR SRI.M.V.BIPIN SRI.V.P.PRASANTH RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. R.GOPAKUMAR, KIZHAKKEVILA PUTHEN VEEDU, VIVEKANANDA NAGAR, PAPPANAMCODE P.O., THIRUVANANTHAPURAM 695018. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI.V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3317 of 2010 ------------------------------- Dated this the 12th day of November, 2010. O R D E R The accused in a prosecution for an offence u/s.138 of Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed against him by the courts below. 2. The counsel for the revision petitioner submitted that, the revision petitioner has no contention on merit but he requires some time to pay the compensation amount. I find no reason to deny the above request. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, the direction to pay compensation, the compensation amount and also the default sentence, the revision petitioner is granted 45 days time from today to pay the compensation amount and it is made clear that the default sentence fixed by the appellate court will be attracted only in case, the revision petitioner makes any default in paying 2 Crl. R.P.No.3317 of 2010 the compensation amount within the time limit fixed by this court. Accordingly, the revision petitioner is directed to appear before the trial court on or before 27.12.2010 to receive the sentence of imprisonment and to pay the compensation amount. It is also made clear that the revision petitioner is free to pay the compensation amount, either directly to the complainant or by remitting the same in the trial court, which ever subject to the satisfaction of the learned Magistrate. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 27.12.2010. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/