IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Crl.Rev.Pet.No. 1848 of 2011() ------------------------------------------- CRA.17/2010 OF SESSIONS COURT, KASARAGOD STC.1881/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, HOSDURG .................... REVISION PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------------- V. PRAKASHAN, AGED 32 YEARS, S/O.VELAYUDHAN, KOKKAL HOUSE, P.O. UDMA, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE ---------------------------------------------------------------------------------------- 1. RAJAGOPALA RAO, AGED 61 YEARS, SREE PADMA CLINIC, PALLIKKARA, PALLIKKARA VILLAGE, BEKAL P.O., HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671 318. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.SABU SREEDHARAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1848 OF 2011 -------------------------------- Dated this the 2nd day of August 2011 ORDER Revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. 2. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that no arguments on merits is sought to be addressed, but only a request for two months time to pay the fine amount of Rs.50,000/- fixed and, thus, avoid the default term of imprisonment. 3. Perusing the judgments rendered by the courts below and taking note that the cheque involved in the case, the dishonour of which had given raise to the prosecution and ultimately the conviction of the accused, is dated 27-07-2008, normally, no extension of time as applied for to pay the fine can be granted. However, taking note of the submissions made by the counsel, the Magistrate concerned is directed to keep in abeyance the execution of the sentence for a period of one month from today. Petitioner is directed to appear before the Magistrate concerned on 19-09-2011 to Crl.R.P No.1848/2011 - 2 - serve out the substantive term of imprisonment for one day, till the rising of the court, and to report the payment of fine. In default of his appearance and nonpayment of the fine as directed, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge