IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Crl.Rev.Pet.No. 3014 of 2010() ------------------------------------ CRA.711/2008 of II ADDL. SESSIONS COURT, PALAKKAD ST.3033/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------- V.RADHAKRISHNAN, 65 YEARS, S/O.VASU, PUDUMA READYMADES, CROWN BUILDINGS, OLAVAKKODE, PALAKKAD. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.PRATHAP PILLAI RESPONDENT(S)/RESPONDENTS/ COMPLAINANT ---------------------------------------------------------- 1. P.THANKARAJ, S/O.PAZHANIYAPPAN, PROPRIETOR, PAZHANIYAPPA CHITS & FINANCE, K.P.D.BUILDING, OLAVAKKODE, PALAKKAD. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No.3014 OF 2010 ---------------------------------------- Dated 20th Day of October, 2010 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed against the revision petitioner who is the accused in a prosecution for the offence under section 138 of the NI Act. The Court of Judicial First Class Magistrate- III, in S.T.Case No.3033/2006 sentenced him to pay a fine of Rs.1,31,000/-, and in default, to undergo simple imprisonment for three months. It was also ordered that the fine amount if realised, shall be given to the complainant. In appeal, at the instance of the revision petitioner, the appellate court dismissed the same confirming the conviction and sentence to pay fine. 3. Heard the counsel for the revision petitioner. 4. Learned counsel for the revision petitioner submitted that the revision petitioner has no contention on merit and he requires some time to pay the fine amount. Having regard to the facts and circumstances involved in this case, I am of the view that the said submission can be considered positively and a breathing time can be given to the petitioner to pay the fine CRL.R.P.NO.3014/10 2 amount , but subject to slight enhancement in the fine amount since the cheque in question is dated 16.6.2007 for an amount of Rs.1,31,000/-. In the result, this Crl.R.P. is disposed of confirming the conviction and sentence imposed against the revision petitioner for the offence under section 138 of the Negotiable Instruments Act and while confirming the sentence to pay fine, the fine amount is enhanced to Rs.1,41,700/- and the revision petitioner is directed to deposit the said amount in the trial court on or before 20th January, 2011 and in case of any failure in depositing the fine amount, within the above period, he is directed to undergo simple imprisonment for a period of three months. On realization of the above fine amount, a sum of Rs.1,38,000/- shall be paid to the complainant as compensation under section 357(1)(b) Cr.P.C and the remaining amount shall be deposited in the State exchequer. If there is any failure on the part of the revision petitioner in depositing the fine amount, the trial court is directed to take coercive steps to execute the sentence and to secure his presence and to realize the fine CRL.R.P.NO.3014/10 3 amount. Coercive steps if any pending against the revision petitioner shall be deferred till 20.1.2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE. kvm/-