IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.Rev.Pet.No. 433 of 2011() ----------------------------------------- CRA.NO. 164/2007 of SESSIONS COURT, WAYANAD, KALPETTA ST.NO. 1010/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------------------------------------------------- RAGHAVAN,S/O.SHAMBU,AGED 56 YEARS, KIZHAKKEDATH HOUSE,VIMALA NAGAR, MANANTHAVADY,WAYANAD DISTRICT. BY ADV. SRI.K.ANTONY JOSEPH RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE ------------------------------------------------------------------------------------------ 1. LUCY MATHEW,KARAKUNNEL HOUSE, PAYYAMPALLY PO,KARTIKULAM VIA, MANANTHAVADY, WAYANAD DISTRICT.PIN-673 001 2. THE STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. R1 BY ADV. SRI.ANEESH JOSEPH R2 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/07/2011, ALONG WITH CRRP NO.1544/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P Nos.433 OF 2011 AND 1544 OF 2011 -------------------------------- Dated this the 11th day of July 2011 ORDER The common accused in two complaint cases proceeded for the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), on his conviction thereunder, has preferred the above numbered revisions. The 1st respondent in the revisions has filed the two complaints against him. Substantive term of imprisonment imposed against the revision petitioner in the aforesaid cases for a term of three months of simple imprisonment each was modified in appeal by the learned Sessions Judge reducing it to simple imprisonment for one month each, while confirming the conviction rendered against him in the two cases. So far as the compensation fixed and also the default term provided, the orders passed by the learned magistrate was confirmed without any modification. 2. These revisions have been filed with petitions to condone delay, on which notice was ordered to the respondent/complainant. In both cases the respective 1st Crl.R.P Nos.433/2011 and 1544/2011 - 2 - respondent has entered appearance and after hearing them, delay was condoned and the revisions were taken on file. 3. At the time of hearing, the learned counsel for the revision petitioner fairly conceded that the concurrent finding of guilt entered against him will not be open for challenge in exercise of revisional jurisdiction. However, the counsel urged for extension of period for two months to pay the compensation fixed in the respective cases and thus avoid his incarceration for the default term imposed on nonpayment of the compensation. Learned counsel appearing for the 1st respondent in both cases has no objection in granting reasonable time to pay the compensation. 4. Having regard to the submissions made and taking note of the amount of compensation fixed in the respective cases, I direct the learned Magistrate to keep in abeyance the execution of sentence against the petitioner for a period of six weeks to enable him to pay the compensation and thus avoid the default term of imprisonment. Substantive term of imprisonment imposed, one month in both the cases, shall stand modified and reduced to simple imprisonment for one day, till the rising of the court in each cases. It is made clear that if he appears or his presence is secured on by execution, he need undergo imprisonment for one day in both cases Crl.R.P Nos.433/2011 and 1544/2011 - 3 - together. Irrespective of the modification of substantive term of imprisonment and extension of period provided for payment, he shall undergo the default term of imprisonment in case of nonpayment of compensation awarded. He shall appear before the concerned Magistrate on 22-08-2011 and also report payment of compensation fixed within the extended period. In default of his appearance or failure to pay the amount fixed as compensation, the learned Magistrate shall take appropriate steps to execute the sentence awarded in the cases. Revision is disposed subject to the above directions. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge