IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Crl.Rev.Pet.No. 1748 of 2011() ------------------------------ CRA.106/2009 of II ADDL. SESSIONS COURT, TRIVANDRUM CC.NO.65 OF 2007 OF JUDICIAL FIRST CLASSA MAGISTRATE V, THIRUVANANTHAPURAM. .................... PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------- K.ANILKUMAR, S/O.N.KRISHNAN NAIR, FLAT NO.55/310, AMRITHA APARTMENTS, AMRITANAGAR, AZHRAMAM ROAD, KAIMANAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUBHASH SYRIAC RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE: --------------------------------------------------------------------------------------------- 1. SALIM, T.C.NO.49503(5), MANCAUD P.O., THIRUVANANTHAPURAM - 695 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, RAM MOHAN PALACE COMPOUND, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1748 OF 2011 ----------------------------------------- Dated this the 31st day of August 2011 ORDER Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently, by the two inferior courts. The learned Magistrate, on his conviction, has sentenced him to undergo simple imprisonment for six months with a direction to pay fine of `.1,10,000/- with default term of simple imprisonment for 15 days. In appeal, the learned Sessions Judge modified the substantive term of imprisonment, limiting it to imprisonment for a day, till the rising of the court. Fine amount awarded was modified enhancing it to `.1,15,000/- with default term of simple imprisonment for six months. Feeling aggrieved, the accused has preferred this revision. 2. Notice given to the 1st respondent/ complainant, but after service he has elected to remain absent. 3. The learned counsel for the petitioner/accused submitted that he has no arguments on merits to assail the conviction, but, only against the sentence fixing the default term of imprisonment imposed, as modified by the learned Sessions Judge, as excessive, Crl.R.P No.1748 OF 2011 - 2 - with a request to be made for some more time to pay the fine and, thus, avoid the default term of imprisonment. 3. Cheque amount involved in the case is `.1,10,000/-. The learned Magistrate, awarding that sum as compensation, has fixed a default term of 15 days while imposing a substantive term of imprisonment for six months. The learned Sessions Judge, in appeal, reduced the substantive term of imprisonment to one day, but, enhancing fine by `.5,000/- and also the default term from 15 days to six months. I find no justifiable reason for providing such an excessive period in the event of default on payment of fine. Taking note that the cheque amount is `.1,10,000/- and the fine awarded is `.1,15,000/-, I find, the default term can be confined to simple imprisonment for one month. 4. So far as the request made by the counsel for further time to pay the fine awarded, it is seen, the cheque involved in the case is dated 15-05-2006. The dishonour of that instrument, on presentation, has led to the prosecution and ultimately the conviction of the accused. The time lag, ie, a decade, after the drawing of that instrument and the continuance of the prosecution till now, necessarily, has to be looked into and considered to decide whether any further extension of time can be granted as requested for by the accused. Prima facie, the request has only to be turned Crl.R.P No.1748 OF 2011 - 3 - down. However, taking note of the submissions made by the counsel canvassing and presenting extenuating circumstances available in favour of the petitioner/accused to seek for some more time, I find, a reasonable time as indicated hereunder can be provided. 5. Affirming the conviction of the accused, retaining the sentence imposed against him, directing him to undergo simple imprisonment for a day and also the fine awarded, as modified and fixed by the learned Sessions Judge, the default term thereof is reduced to simple imprisonment for one month. Petitioner is directed to appear before the Magistrate on 07-11-2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report payment of the fine. Till the date fixed as above for his appearance, the learned Magistrate is directed to keep in abeyance the execution of the sentence. In default of his appearance and nonpayment of the fine, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. vdv S.S.SATHEESACHANDRAN, JUDGE