IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.Rev.Pet.No. 1371 of 2011() ------------------------------------------- CRA.NO. 581/2009 of SESSIONS COURT, THRISSUR ST.NO. 1842/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------------------------------------------- JEEJA, W/O.PADMANABHAN, PALLIPPURAM HOUSE, NEDUPUZHA, THRISSUR. BY ADV. SMT.K.NANDINI RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------------------------------- 1. K.R.CHANDRIKA, W/O.KUNDOLI MOHANAN, CHELAKOTTUKARA DESOM, CHIYYARAM VILLAGE, THRISSUR.PIN- 680 001 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J ------------------------------- Crl.R.P.No.1371 of 2011 ---------------------------------------- Dated this the 27th day of May, 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 breathing 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 45 days 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 Crl.R.P.No.1371 of 2011 2 imprisonment, direction to pay compensation, the compensation amount and the default sentence, the petitioner is granted 45 days 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 45 days from today. Accordingly, the revision petitioner is directed to appear before the trial court on 12.7.2011 to receive the modified sentence of imprisonment and to pay the compensation amount. The learned counsel for the petitioner submitted that the petitioner has already deposited a sum of Rs.15,000/- in the trial court in terms of the order passed by the appellate court, while suspending the execution of the sentence. If that be so and the said amount is retained in the trial court, it is made clear that the petitioner need to deposit a further sum of Rs. 60,000/- in the trial court towards the compensation amount and the petitioner is entitled to get credit of the amount of Rs.15,000/- which deposited already. If there is any failure Crl.R.P.No.1371 of 2011 3 on the part of the revision petitioner in appearing before the trial court on the above date and discharging the entire liability of paying compensation 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 12th July, 2011. V.K.MOHANAN, JUDGE pm/