IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.Rev.Pet.No. 2723 of 2011() ------------------------------------------ CRA.455/2008 OF SESSIONS COURT, THIRUVANANTHAPURAM. CC.441/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, NEYYATTINKARA. .................... REVISION PETITIONER/APPELLANT/ACCUSED -------------------------------------------------------------------- P. GOPINATHAN NAIR, S/O.PARAMESWARAN NAIR, LEKSHALAYAM, CHITTAZHA, CHITTAZHA P.O., VATTAPPARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.D.ASOKAN RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VINODKUMAR, S/O.GOPINATHAN NAIR, JAYANILAYAM, NEMOM VILLAGE, NEMOM P.O., THIRUVANANTHAPURAM. PIN - 679 009. R1 BY PUBLIC PROSECUTOR MR.T.R. RAJESH. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2723 OF 2011 ----------------------------------------- Dated this the 21st day of November 2011 ORDER The revision is by the accused in a cheque case. He stands convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below. Sentence as modified by the learned sessions Judge in appeal is imprisonment till the rising of the court with direction to pay the cheque amount as fine, with default term of simple imprisonment for two months. 2. When the revision came up for consideration, the learned counsel for the petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of some more time for payment of the fine to avoid the default term of imprisonment. Accused is stated to be in financial difficulties. That cause is pleaded by the counsel to provide a short period for payment of the fine. Taking note of the submissions made by the counsel, I find, a short period, as indicated hereunder, can be provided to the accused to pay the fine to avoid his incarceration. Crl. R.P No.2723 OF 2011 2 3. Affirming the conviction and sentence, petitioner is directed appear before the magistrate on 02-01-2012 to serve out the imprisonment till the rising of the court, and to report payment of the fine. The magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance, to enable him to pay the fine within such period. 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