IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 Crl.Rev.Pet.No. 733 of 2011() ----------------------------- CRA.809/2006 of ADDL. DISTRICT & SESSIONS JUDGE, FAST TRACK COURT-II, TRIVANDRUM . ST.145/2006 OF THE JUDICIAL FIRST CLASS MAGISTRATE CORUT-VII, TRIVANDRUM. .................... REVN. PETITIONERS: APPELLANT/ACCUSED -------------------------------------- K.VIJAYAKUMARAN NAIR, S/O.KARUNAKARAN NAIR, C/O.BANK OF BARODA, THODUPUZHA (IDUKKI). BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. N.C.RAMANATHAN, "THIRUVATHIRA", T.C.22/1000(4), ATTUKAL, MANACAUD, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, THIRUVANANTHAPURAM. R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No. 733 of 2011 ---------------------------------------- Dated the 14th 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, the learned counsel for the revision petitioner submitted that the only request of the petitioner is to give him a breathing time to pay the compensation amount. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered positively. But at the same time, the interest of the complainant is also to be protected since the cheque in question is pertained to 29.12.2004, that too for a sum of Rs.60.000/- CRRP 733/11 2 3. In the result, this Crl.R.P 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 direction to pay compensation, the compensation amount is enhanced to the tune of Rs.70,000/- and the revision petitioner is directed to pay the said amount as compensation to the complainant under section 357 (3) Cr.P.C. within three months from today, in default, he is directed to undergo simple imprisonment for a period of two months. Accordingly, the revision petitioner is directed to appear before the trial court on 14 th June, 2011 to receive the sentence of imprisonment as ordered by the appellate court and to pay the compensation amount fixed by this Court. If there is any failure on the part of the revision petitioner in appearing and paying the compensation amount as directed above, the trial court is free to CRRP 733/11 3 take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the amount. Coercive steps if any pending against the revision petitioner shall be deferred till 14t h June 2011. This Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/-