IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 21ST DAY OF DECEMBER 2011/30TH AGRAHAYANA 1933 CRRP.No. 3028 of 2011 ( ) ========================= CRA.364/2010 of THE SESSIONS COURT, ALAPPUZHA CC.971/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT, AMBALAPPUZHA. REVISION PETITIONER(S)/APPELLANT/ACCUSED: ======================================== 1 P.RADHAKRISHNAN, S/O. PADMANABHAN, RESIDING AT THYPARAMBU KOMANA AMBALAPPUZHA ALAPPUZHA DISTRICT. BY ADV.SRI.T.MADHU SRI.K.V.BINOD RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ========================== 1 G.SANTHAMMA, BAIJU BHAVAN, KOMANA, AMBALAPPUZHA ALAPPUZHA DISTRICT 688561. 2 STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SMT.SEENA.R THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.3028 OF 2011 ----------------------------------- Dated this the 21st day of December, 2011 O R D E R Revision is by the accused in a cheque case. On his conviction, for the offence under Section 138 of the Negotiable Instruments Act, for short, the 'Act', he has been sentenced to undergo imprisonment till the rising of the court with direction to pay compensation of Rs.1,80,000/-, the cheque amount, to the complainant with default term of simple imprisonment for a period of two months. 2. The revision coming up for consideration today, the learned counsel for the petitioner submitted that he has no argument on merits to assail the conviction and sentence but only a request to be made for grant of some more time to pay the compensation, and thus, avoid the default term of imprisonment. Having regard to the submissions made by the counsel, pointing out the extenuating circumstances available in his favour to seek Crl.R.P.No.3028/2011 2 such extension of time for payment, I find, a short period as indicated hereunder can be provided. 3. Affirming the conviction and sentence, petitioner/accused is directed to appear before the magistrate on 12.03.2012 to serve out the imprisonment till the rising of the court and to report the payment of the compensation. The magistrate is directed to keep in abeyance the execution of the sentence 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, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp