IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Crl.Rev.Pet.No. 1573 of 2011 ------------------------------------- REVN. PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- SHAJAHAN, S/O.YOUSUF KUNJU, CHARUMMOOTTIL THARAYIL, KAYAMKULAM MURI, KAYAMKULAM. BY ADV. SRI.R.RAJASEKHARAN PILLAI RESPONDENTS(S): RESPONDENT/COMPLAINANT ------------------------------------- 1. POOMON @ SHOUKATH, S/O.MOHAMMAD KUNJU, EDAPPALLIL KIZHAKKATHIL, KANNAMPALLY BHAGOM, KEERIKKAD. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR. R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/06/2011, ALONG WITH CRL.RP.NO.1574/2011 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------------------- Crl.R.P.Nos. 1573, 1574,1575 & 1576 of 2011 --------------------------------------------------------- Dated this the 23rd day of June, 2011 O R D E R As the parties are same and the facts and circumstances involved are identical, these four criminal revision petitions are heard together and disposed of by a common order. 2. The challenge in these Crl.R.Ps. is against the conviction and sentence imposed against the revision petitioner under Section 138 of the N.I.Act. 3. Counsel for the petitioner submitted that the revision petitioner is a fish vendor and he may be granted sufficient time to pay the compensation amount. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted two months time to receive the sentence of imprisonment and to pay the compensation amount. In the result, all the Criminal Revision Petitions are disposed of confirming the conviction of the revision petitioner under Crl.R.PNO. 1573, 1574,1575 & 1576 of 2011 :-2-: Section 138 of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, the direction for payment of the compensation, the compensation amount fixed by the appellate court and default sentence ordered by the appellate court, the petitioner is granted two months' time to pay the compensation amount to the complainant under Section 357(3) of the Cr.P.C. and it is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the compensation amount within two months time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence and to pay the compensation amount on 23rd August,2011. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the compensation amount on 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 Crl.R.PNO. 1573, 1574,1575 & 1576 of 2011 :-3-: deferred till 23rd August,2011. The Criminal Revision Petitions are disposed of as above. V.K.MOHANAN, Judge. MBS/