IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 CRL.REV.PET.NO:2093 of 2011(B) ------------------------------ CRA.251/2010 of ADDL.SESSIONS COURT,-I, MAVELIKKARA ST.97/2009 of JUDICAL 1ST CLASS MAGISTRATE COURT III, MAVELIKKARA .................... REVN. PETITIONER/APPELLANT/ACCUSED ---------------------------------- BIJU THOMAS S/O.THOMAS,, KARUKATHEKKATHIL HOUSE, CHERUKOLE P.O., MAVELIKARA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ------------------------------------------- 1. RAJU.K.S., S/O.XAVIER, KUNCHANTHARAYIL HOUSE, CHERUKOLE, MAVELIKKARA 690 101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031. R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.2093 OF 2011 (B) ----------------------------------- Dated this the 27th day of September, 2011 O R D E R Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, for short, the 'N.I.Act', concurrently by the two courts below. The trial Magistrate, on his conviction, has sentenced him to undergo simple imprisonment for six months and to pay compensation of Rs.2,53,000/- with default term of simple imprisonment for four months more. In appeal, confirming the conviction, the learned Sessions Judge modified the substantive term of imprisonment reducing it to imprisonment for a day, till the rising of the court, retaining the compensation awarded, but, reducing the default term of imprisonment to two months. Feeling aggrieved, the accused has preferred this revision. 2. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted Crl.R.P.No.2093/2011 2 that he has no argument to be canvassed on merits to assail the conviction and sentence, but only a request to be made for some more time to pay the compensation and, thus, avoid the default term of imprisonment. Cheque involved in the case, the dishonour of which had led to the prosecution and ultimately the conviction of the accused, is dated 24.10.2007. The amount covered by the cheque is Rs.2,50,000/-. When that be so, prima facie, there is no merit in the request made for further time to pay the compensation. However, taking into account the submissions made by the counsel, I find, some more time can be provided to pay the compensation and, thus, avoid the default term of imprisonment. 3. Affirming the conviction and sentence, petitioner is directed to appear before the Judicial First Class Magistrate Court – III, Mavelikara, on 12.12.2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report the payment of the compensation. The learned Magistrate is directed to keep in abeyance the execution Crl.R.P.No.2093/2011 3 of the sentence till the date fixed as above for his appearance. In default of his appearance and non-payment of the compensation, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. With the above direction, the revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.2093/2011 4