IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Crl.Rev.Pet.No. 1823 of 2011(C) --------------------------------------- CRA.184/2010 of ADDL.SESSIONS COURT, KOZHIKODE CC.591/2009 of JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES), KOZHIKODE ................................................................................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------------ K.DEVAN,S/O.RAMAN,KALATHILKUNDIL HOUSE, P.O.VANIYAMKULAM,OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT(S): COMPLAINANT & STATE: --------------------------------------------------------------- 1. K.SUGATHAN,S/O.KUMARAN,"INDU", P.O.PANTHEERAMKAVU,KOZHIKODE-673101. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SRI.V.B.HARI NARAYANAN SRI.A.V.VAMANAKUMAR R2 BY PUBLIC PROSECUTOR SRI.T.R.RAJESH. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STU S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.1823 OF 2011 ----------------------------------- Dated this the 4th day of November, 2011 O R D E R Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, for short, the 'Act', concurrently by the two courts below. Sentence as affirmed by the Sessions Judge in appeal is imprisonment till the rising of the court with direction to pay compensation of Rs.3 lakhs, the cheque amount with default term of simple imprisonment for a period of 90 days. Feeling aggrieved, the accused has preferred this revision. 2. Notice given, the 1st respondent/complainant has entered appearance. 3. The revision coming up for consideration, the learned counsel for the petitioner/accused submitted that he has no argument on merits to assail the conviction and sentence but only a request to be made for grant of six months time to pay the Crl.R.P.No.1823/2011 2 compensation fixed and awarded and, thus, to avoid the default term of imprisonment. The accused at present is facing severe financial difficulties and SARFESI proceedings at the instance of a bank in respect of a loan availed by him mortgaging his property including his residential building, according to the counsel, are now in progress. If a breathing time is not provided for payment of the compensation, as requested for, the counsel submits that the accused has no other go but to suffer incarceration of the period of imprisonment awarded by the courts below. The learned counsel for the complainant pointing out that no part of the compensation has been paid till date submitted that he has no objection in granting reasonable time for payment as deemed fit and proper by this Court. 4. Having regard to the submissions made as aforesaid, I find a short period as indicated hereunder can be provided to the accused to pay the compensation and, thus, avoid the default term of imprisonment. Crl.R.P.No.1823/2011 3 5. Affirming the conviction and sentence, the petitioner/accused is directed to appear before the Magistrate on 15.02.2012 to serve out the imprisonment till the rising of the court and to report the payment of compensation. The Magistrate is directed to keep in abeyance the execution of the sentence against the accused till the date fixed as above for his appearance, to provide him an opportunity to pay the compensation within such period. In default of his appearance and non-payment of the compensation, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.1823/2011 4