IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 Crl.Rev.Pet.No. 1400 of 2011() ------------------------------ CRA.249/2010 of III ADDL.SESSIONS COURT, KOLLAM CC.792/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... REVN. PETITIONER- APPELLANT/ACCUSED: --------------------------------------- M.KESAVANKUTTY, AGED 42, S/O.MADHAVAN NAIR, PARUVARA VEEDU, KARUMAM P.O., EDAGRAMAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: STATE & RESPONDENT/COMPLAINANT: ---------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VISWARAJAN PILLAI, AGED 45 YEARS, MARUTHARA VEEDU, MEENADU, NEDUMGOLAM P.O., KOLLAM- 670631 R1 BY P.P. SMT. ANEY PAUL THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1400 of 2011 --------------------------------------------- Dated this the Ist day of June, 2011 O R D E R The challenge in this Crl.R.P is against the conviction and sentence imposed against the revision petitioner under Section 138 of the N.I.Act. 2. As this Court is not inclined to interfere with the order of conviction ordered against the revision petitioner on the basis of the grounds taken in the revision petition and urged by the learned counsel, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount as ordered by the appellate court. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission requires positive consideration and accordingly, forty five (45) days time can be granted to the petitioner to deposit the fine amount. In the result, this Criminal Revision Petition is Crl.R.PNO.1400 of 2011 :-2-: 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 imprisonment, the direction to pay fine, and default sentence ordered by the appellate court, the petitioner is granted forty five days time to deposit the fine amount. It is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to deposit the fine amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 15th July, 2011 to receive the sentence and to deposit the fine amount. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to deposit the fine amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. On Crl.R.PNO.1400 of 2011 :-3-: realisation of the fine amount, the same shall be given to the complainant. Coercive steps, if any, pending against the revision petitioner shall be deferred till 15th July, 2011. V.K.MOHANAN, Judge. kvm/-