IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Crl.Rev.Pet.No. 3013 of 2010() ------------------------------------ CRA.81/2009 of ADDL. SESSIONS COURT-1, (ADHOC), PALAKKAD ST.2762/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... PETITIONER/APPELLANT/ACCUSED ------------------------------------------ RAVEENDRAN, S/O.ARU, CHALLAKKADU VEEDU, PUTHUSSERY, PALAKKAD TALUK, PIN-678 023. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S)/APPELLANT/COMPLAINANT & STATE ---------------------------------------------------------------- 1. SIVANARAYANAN, S/O.MUNIYANDI, PARACHEDI VEEDU, PUTHUSSERY (P.O), PUTHUSSERY WEST, PALAKKAD TALUK, PIN-678 023. 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 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.3013 OF 2010 ---------------------------------------- Dated 20th Day of January, 2010 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed against the revision petitioner who is the accused in a prosecution for the offence under section 138 of the NI Act. The Judicial First Class Magistrate-I, in S.T.Case No.2762/2006 sentenced him to undergo simple imprisonment for one year for the offence under section 138 of the NI Act and directed him to pay a compensation of Rs.1,00,000/-, in default, to undergo simple imprisonment for four months. In appeal, at the instance of the revision petitioner, the appeal was dismissed confirming the conviction and order to pay compensation, but the sentence of imprisonment was modified and reduced to imprisonment till rising of the court. 2. Now the learned counsel for the revision petitioner submitted that the revision petitioner has no contention on merit and he requires some time to pay the compensation amount. CRL.R.P.No.3013/10 -:2:- 3. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered positively and some breathing time can be given to pay the compensation amount but the amount can be enhanced slightly considering the fact that the cheque in question is dated 30.8.2006. In the result, this Crl.R.P. is disposed of confirming the conviction of the revision petitioner under section 138 of the NI Act. Accordingly, while confirming the sentence of imprisonment as ordered by the appellate court, the revision petitioner is directed to pay a compensation of Rs.1,15,000/- to the complainant under section 357(3) of Cr.P.C. within three months from today and, in default, he is directed to undergo simple imprisonment for period of 4 months. Accordingly, the revision petitioner is directed to appear before the trial court on 20th January, 2011 to receive the sentence and to pay the compensation amount. If there is any failure on the part of the revision CRL.R.P.No.3013/10 -:3:- petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps to execute the sentence and to secure his presence and for realisation of the amount . Coercive steps if any pending against the revision petitioner shall be deferred till 20.1.2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.R.P.No.3013/10 -:4:-