IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.Rev.Pet.No. 783 of 2011() ----------------------------- CRA.275/2009 of ADDL.SESSIONS JUDGE(ADHOC-II), ERNAKULAM ST.1450/2005 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- P.S.HANEEFA, S/O. SULATHAN, AGED 46 YEARS, ANAGHAMAHAL, SUBASAN NAGAR.P.O., CHALAKUDY. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): COMPLAINANT -------------------------- 1. M/S. N.P.R.FINANCE LTD., 41/1787, CHITTOOR ROAD, KOCHI-18. REP. BY ITS BRANCH MANAGER, E.NARAYANA, S/O. EASWARAN, AGED 33 YEARS, 41/1787, CHITTOOR ROAD, KOCHI-18. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.R.P.NO.783 OF 2011 ---------------------------------------------- Dated this the 23rd day of March, 2011. ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, 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 the case, I am of the view that the petitioner can be granted three months time to pay the compensation amount fixed by the appellate court. In the result, this 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 imprisonment, compensation amount and the default sentence, as ordered by the appellate court the petitioner is granted three months time from today to pay the compensation amount. It is made clear that the default sentence fixed by the courts below will be attracted only in case of default in paying the compensation amount within three months from today. Accordingly, the revision petitioner is directed to appear before the trial court on 23.06.2011 to receive the sentence of imprisonment and to pay the compensation amount. If there is any failure on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the compensation amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 23rd June, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE pm