IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Crl.Rev.Pet.No. 322 of 2011() ----------------------------- CRA.652/2009 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-2), THRISSUR CC.1060/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------------------------------------------- SASIDHARAN NAIR, NO.2, SOWRIMTHA STREET, RED FIELDS, PULIYARKULAM, COIMBATORE, TAMIL NADU. BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. DEVIRAJ, S/O. VELAMPARAMBIL UNNI, MANGALODHAYAM, KODUNGALLUR, THRISSUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SMT. REKHA C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. - - - - - - - - - - - - - - - - - - - Crl. R.P. No.322 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of January, 2011. O R D E R The accused in a prosecution for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short ‘the N.I Act’) approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. I have heard learned counsel for the revision petitioner as well as counsel for the respondents. 3. As this court is not inclined to interfere with the order of conviction and sentence recorded by the courts below, the learned counsel for the revision petitioner submitted that, some breathing time may be granted to the revision petitioner to pay the compensation amount. Having regard to the facts and circumstances involved in the case, I am of the view that, 45 days time can be Crl. R.P. No.322/2011 2 granted to the revision petitioner to pay the compensation amount. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner as recorded by the court below and also confirming the sentence of imprisonment, direction to pay the compensation amount and also the default sentence as fixed by the appellate court. The revision petitioner is granted 45 days time to pay the compensation amount and to receive the sentence of imprisonment. It is made clear that the default sentence fixed by the appellate court will attract only in case of default from the part of the revision petitioner in paying the compensation amount within 45 days from today. Accordingly, the revision petitioner is directed to appear before the trial court on 18.03.2011, to receive the sentence of imprisonment ordered by the appellate court and to pay the compensation amount. If there is any failure on the Crl. R.P. No.322/2011 3 part of the revision petitioner in appearing before the court below and paying the compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence and for realisation of the compensation amount. The coercive steps if any pending against the revision petitioner shall be deferred till 18.03.2011. Revision petition is disposed of accordingly. Sd/- (V.K.MOHANAN), Judge ss/- //True Copy// P.A to Judge