IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Crl.Rev.Pet.No. 2330 of 2011() ------------------------------ CRA.448/2009 of I ADDL. SESSIONS COURT, PALAKKAD ST.395/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... REVN. PETITIONER/APPELLANT ---------------------------------------------- VIJAYAKUMAR.R, S/O. RAGHAVAN NAIR, AGED 49 YEARS, RESIDING AT NO. 365, RAILWAY HOSPITAL COLONY, KALLEKULANGARA RAILWAY COLONY, OLAVAKKODE, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS/RESPONDENT --------------------------------------------- 1. M/S. MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED, BY POWER OF ATTORNEY HOLDER SHIBU, S/O. LATE SETHUMADHAVAN, MANAGER, MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED, CHANDRANAGAR, PALAKKAD, PIN-678101. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.DEVAPRASANTH.P.J. R2 BY PUBLIC PROSECUTOR SRI.M.R. VENUGOPAL THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2330 OF 2011 ----------------------------------------- Dated this the 10th day of October 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. Sentence imposed against the accused, as modified by the learned Sessions Judge in appeal is fine of `.70,410/- with default term of simple imprisonment for one month with a direction that if the fine amount is realised, cheque amount of `.69,410/- shall be paid to the complainant as compensation. Feeling aggrieved, the accused has preferred this revision. 2. The revision was filed with a petition to condone the delay of 83 days, on which notice was ordered to the respondent. On appearance of the respondent, after hearing both sides, delay was condoned. 3. When the revision came up for admission in the presence of the counsel representing the respondent, the learned counsel for the petitioner submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of some more time to pay the fine amount and, thus, avoid the default term of imprisonment. Cheque involved in the case is dated 11-12- 2006 and the sum covered by that instrument is Rs.69,410/-. Having Crl.R.P No.2330 OF 2011 - 2 - regard to the submissions made by the learned counsel, some more time for payment, as indicated hereunder, can be granted. 4. Affirming the conviction and sentence, the accused is granted time till 20-12-2011, for payment of the fine. The learned Magistrate is directed to keep in abeyance the execution of sentence imposed against the accused till the date fixed as above for payment. In default of payment of the fine within the period fixed as above, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge