IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.Rev.Pet.No. 1340 of 2011() ------------------------------ CRA.167/2010 OF THE SESSIONS COURT, MANJERI DIVISION (ADHOC-II, MANJERI) ST.1621/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... REVN. PETITIONER: ----------------------------- P.P.MUTHAMMA , S/O. UMMER, PALATHU VEETTIL, VETHUMKATTIL, P.O.VATTEKKAD, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN SMT.M.RAMANYA GAYATHRI RESPONDENTS: --------------------- 1. A.T.ABOOBACKER, S/O.N.V.KHADAR AMBALATH VEETTIL HOUSE,P.O.VATTEKKAD, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. R2 BY P.P. SMT. REKHA C. NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1340 of 2011 --------------------------------------------- Dated this the 24th day of May, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the revision petitioner and the challenge in this Revision Petition is against the conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount. I find no reason to reject the above request. In the result, this Criminal Revision Petition is 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 and compensation ordered by Crl.R.PNO.1340 of 2011 :-2-: the appellate court and the compensation amount, the revision petitioner is granted 45 (forty five) days time to pay the compensation amount as ordered by the courts below. 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 compensation amount within the above extended time. It is made clear that the revision petitioner is free to to pay the compensation either directly to the complainant or by remitting the same in the trial court which ever subject to the satisfaction of the learned Magistrate. Accordingly, the revision petitioner is directed to appear before the trial court on 8th July, 2011 to receive the sentence of imprisonment as modified and fixed by the appellate court and to pay the compensation amount. In case of any failure on the part of the revision petitioner in appearing before the trial court on the above date, the trial court is free to take coercive steps to secure the presence of the revision Crl.R.PNO.1340 of 2011 :-3-: petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 8th July, 2011. V.K.MOHANAN, Judge. KVM/-