IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Crl.Rev.Pet.No. 1475 of 2011() ------------------------------ CRA.11/2010 of ADDL. SESSIONS COURT (ADHOC)-II, PALAKKAD ST.15/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- MUHAMMED RAFI, S/O.ABDULLA, MELETHIL HOUSE, AMBALAPPARAMBU, THIRUVALATHUR, PALAKKAD TALUK & DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. R.RAMESH, S/O.RAMAKRISHNAN, KALLEMOOCHICKAL HOUSE, THENUR P.O., PALAKKAD. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN,J ----------------------------- Crl.R.P.No.1475 of 2011 ---------------------------------------- Dated this the 14th day of June, 2011 ORDER The accused in a prosecution for the offence Under Section 138 of the NI Act is the revision petitioner. The challenge is against her conviction and sentence for the said offence. 2. As this court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in this case, I am of the view that the said submission requires positive consideration, but while granting some time to pay fine, the fine amount can be enhanced slightly, taking into the account the fact that the cheque in question is dated 10.11.2008 and so far no amount is paid to the complainant till this time. In the light of the above facts and the settled legal position, I am of the view that while granting some Crl.R.P.No.1475 of 2011 2 time to pay the fine amount, the interest of the complainant has also to be protected. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the NI Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, the fine amount enhanced to the tune of Rs.27,500/- which he shall pay within 45 days time from today, in default, he is directed to undergo simple imprisonment for a period of one month. Accordingly, the revision petitioner is directed to appear before the trial court on 28.07.2011 to receive the sentence of imprisonment and to deposit the enhanced fine amount of Rs.27,500/-. If there is any failure on the part of the revision petitioner in complying with the above direction, the trial court is free to take steps to execute the sentence and for realisation of fine amount. On realisation of the fine amount, a sum of Rs.27,000/- shall be paid to the complainant as compensation under Section 357(1)(b) of Crl.R.P.No.1475 of 2011 3 Cr.P.C and the remaining amount of Rs.500/- shall be deposited in the State Exchequer. Coercive steps if any pending against the revision petitioner shall be deferred till 28th July, 2011. The Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE pm/