IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.Rev.Pet.No. 2439 of 2011() ------------------------------ CRA.121/2010 of SESSIONS COURT, THRISSUR CC.1825/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- RAVICHANDRAN.P., AGED 55 YEARS, S/O. PALANIYANDI, 'GREESHMA', ERATTAYIL, MARUTHA ROAD-P.O., PALAKKAD. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. SREE GOKULAM CHITS & FINANCE CO.PVT. LTD DIVISIONAL OFFICE, M.G.ROAD, THRISSUR, REP. BY LEGAL CLERK BABU CHUMMAR.O, S/O. CHUMMAR.O OLLUKARAN HOUSE, CHERUR, THRISSUR-680008. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.R.RAJESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pm S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P.No. 2439 of 2011 --------------------------------------------- Dated this the 19th day of October, 2011 ORDER Revision is by the accused in a cheque case, who has been found guilty of the offence under Section 138 of the Negotiable Instruments Act, (for short the N.I.Act), concurrently by the two Courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal is, imprisonment till rising of the court with direction to pay compensation of Rs.1,08,388/- to the complainant, with default term of simple imprisonment for one month. 2. When the revision is came up for consideration, the learned counsel for the revision petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request for grant of two months time to pay off the compensation awarded and thus avoid the default term of imprisonment. Since no challenge is raised against the conviction and sentence, no dilation thereof with reference to the judgments rendered by the two courts below is called for. So far as the request made by the counsel for the petitioner for grant of two months time, I find, it can be granted in the given facts of the case Crl.R.P.No. 2439 of 2011 2 where the complaint is seen filed by a financial concern operating chitty business. 3. Affirming the conviction and sentence the accused is directed to appear before the Magistrate on 2.1.2012 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 enable him to pay the compensation within such period. In default of his appearance and non-payment of the compensation within the time fixed as above the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge