IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.Rev.Pet.No. 860 of 2011() ----------------------------- CRA.271/2008 of SESSIONS COURT, KALPETTA CC.187/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, KALPETTA. .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- REJI POULOSE, S/O.POULOSE, IKKARAKUDI HOUSE, KOODOTHUMMAL, KANIYAMBETTA P.O., VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.P.C.CHACKO(PARATHANAM) SRI.P.R.RAJA RESPONDENTS(S): COMPLAINANT/STATE -------------------------------- 1. P.K.ABOOBACKER, S/O.MOIDEEN, PEEDIKAKANDY HOUSE, KANIYAMBETTA P.O., VYTHIRI TALUK, WAYANAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 860 of 2011 --------------------------------------------- Dated this the 24th day of March, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount. I find no reason to reject the above request. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of fine and the fine amount ordered by the trial court and confirmed by Crl.R.PNO.860 of 2011 :-2-: the appellate court, the revision petitioner is granted 45 (forty five) days time to pay the fine amount as ordered by the trial court, confirmed by the appellate court. It is made clear that the default sentence fixed by the trial court, confirmed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to deposit the fine amount within the above extended time. On realisation of the fine amount, the entire amount shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. Accordingly, the revision petitioner is directed to deposit the fine amount fixed by the trial court, confirmed by the appellate court on or before 9th May, 2011. In case of any failure on the part of the revision petitioner in making the deposit of fine amount on or before 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 Crl.R.PNO.860 of 2011 :-3-: any, pending against the revision petitioner shall be deferred till 9th May,2011. V.K.MOHANAN, Judge. MBS/