IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Crl.Rev.Pet.No. 4459 of 2006() ------------------------------ CRA.202/2005 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CC.1421/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- P.R.PAUL, S/O.RAPPAI, PULLUKKARAN HOUSE, KAVANAD, MATTATHURKUNNU P.O., KODAKARA VIA., THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. B.A.PRAKASAN, S/O.ANGAPPAN, BHATTATHIRI ALUKKAL, KODAKARA, THRISSUR DISTRICT. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` Crl.R.P. No. 4459 OF 2006 ```````````````````````````````````````````````````` Dated this the 3rd day of January, 2008 O R D E R This revision petition is filed against the verdict of guilty, conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act, 1881. The petitioner now faces a substantive sentence of imprisonment till rising of court. There is a further direction to pay an amount of Rs.40,000/- as compensation and in default to undergo simple imprisonment for a period of one month. 2. The cheque is for Rs.40,000/-. It bears the date 1.5.2000. The courts below concurrently came to the conclusion that the complainant has succeeded in establishing all the ingredients of the offence punishable under Section 138 of the Negotiable Instruments Act. Accordingly, they proceeded to pass the impugned judgment. 3. Called upon to explain the nature of the challenge which the petitioner wants to mount against the impugned judgment, the learned counsel for the petitioner prays that some leniency may be shown and the petitioner may be granted some CRRP.4459/06 : 2 : further time to make the payment and avoid the default sentence. 4. In the total absence of any challenge against the conviction, it is unnecessary for me to advert to the facts in any greater detail. The verdict of guilty and conviction are absolutely justified, I am satisfied. 5. Coming to the prayer made for further time to make the payment, I find no merit whatsoever in the prayer. The cheque is dated 1.5.2000. The petitioner has obtained seven years time to make the payment and to settle the dispute. The impugned judgment was pronounced as early as on 12.9.06. I am not persuaded to agree that any further leniency deserves to be shown. It is for the petitioner to appear before the learned Magistrate and serve the sentence imposed. If he wants to avoid the default sentence, he must pay the amount. No directions appear to be necessary in this revision. 6. In the result, this Revision petition is dismissed. (R.BASANT, JUDGE) aks