IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Crl.Rev.Pet.No. 1770 of 2011() ------------------------------------------- CRA.136/2010 of IVTHE ADDL. SESSIONS COURT. ST.98/2008 of JUDL.MAGISTRATE OF FIRST CLASS - II, IDUKKI .................... REVN. PETITIONER(S): APPELLANT ----------------------------------------------------- MANOJ @ VANI MANOJ,AGED 40 S/O.CHANDRAN, VANI CHIT FUNDS, KATTAPPANA P.O.,IDUKKI DISTRICT BY ADVS. SRI.VARGHESE C.KURIAKOSE SRI.ADEEP ANWAR RESPONDENT(S): RESPONDENT ------------------------------------------------ 1. K.M.MAHTEW, AGED 50,S/O.MATHEW KOLLAMPRAMABIL HOUSE, THANKAMANI P.O., IDUKKI- 688 516. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 622 030. R2 BY PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S. SATHEESACHANDRAN, J. ------------------------------------------ Crl. R.P No. 1770 OF 2011 ------------------------------------------ Dated this the 22nd day of July, 2011. O R D E R The revision is filed by the accused convicted for the offences under Section 138 of the Negotiable Instruments Act, for short, the 'NI Act', concurrently, by the two inferior Courts. When the revision came up for admission the learned counsel for the revision petitioner submitted that no argument on merits is sought to be addressed, but, only request is made for extension of six months to pay the compensation awarded and thus avoid the default term of imprisonment. Cheque amount involved is Rs.38,125/- and that sum alone has been awarded as compensation with default term to undergo simple imprisonment for a period of one month. Substantive term of simple imprisonment of 6 months imposed by the trial Magistrate has been modified in appeal by the Learned Sessions Judge reducing the imprisonment to one day, till rising of the Court. Perusing the judgment of the trial Magistrate, it is seen, the cheque involved in the case was dated 30-07-2007, and when that be so, the plea of the convicted accused, after his prosecution over the Crl. R. P No.1770/2011 -2- dishonour of the instrument, to have further extension of time to pay the compensation cannot be acceded to. However, taking note of the submissions made by the learned counsel for the revision petitioner that he is facing severe financial difficulties, I direct the learned Magistrate to keep in abeyance the execution of the sentence for a period of one month from today. Petitioner shall appear before the Magistrate on 01-09-2011 to serve out the imprisonment for one day, till the rising of the Court, and to report the payment of compensation as fixed. In default of his appearance and non payment of compensation, the Magistrate concerned shall take necessary steps to execute the sentence in accordance with law. Revision petition is disposed of. Sd/- S.S. SATHEESACHANDRAN, JUDGE AMG True copy P.A to Judge