IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Crl.Rev.Pet.No. 1993 of 2011() ---------------------------------------- CRA.461/2010 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.126/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS-II,MAVELIKKARA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------ VIJAYAMMA, W/O.SOMAN, OTTAPLAVIL KIZHAKKATHIL, SOORNADU NORTH, ANAYADI P.O. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SRI.N.RAPHY RAJ RESPONDENT(S): RESPONDENT/COMPLAINANT ---------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANIRUDHAN, S/O.GANGADHARAN, MADAKOODATHIL VEEDU, PEROORKARAZHMA, CHARUMMOODU P.O., MAVELIKKARA. R1 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.1993 OF 2011 ----------------------------------- Dated this the 17th day of July, 2011 O R D E R Revision is filed by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act, for short, the 'N.I.Act', concurrently, by the two inferior courts. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that he has no challenge against the conviction and sentence but only a request for some more time to pay off the compensation and, thus, avoid the default term. The accused had been sentenced to undergo simple imprisonment for a day till the rising of the court with direction to pay compensation of Rs.32,000/- with default term of simple imprisonment for three months. In appeal, the learned Sessions Judge confirmed the conviction and sentence without any modification. Feeling aggrieved, the petitioner has preferred this revision. Crl.R.P.NO.1993/2011 2 2. Having regard to the cheque amount, I find the default term of imprisonment call for modification and a period of imprisonment of 15 days would suffice the ends of justice. So far as the request made by the counsel for extension of time, considering the amount covered by the cheque, I find no merit at all. 3. Confirming the conviction and sentence imposed against the accused directing imprisonment for a day, till the rising of the court and also payment of the compensation of Rs.32,000/-, the default term of imprisonment is modified reducing it to simple imprisonment for 15 days. Petitioner is directed to appear before the Judicial First Class Magistrate Court-II, Mavelikkara on 03.10.2011 to serve out the 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 of the sentence against the petitioner/accused till the date fixed as above for her appearance. In default of her appearance and non-payment of the compensation, the learned Magistrate shall execute the Crl.R.P.NO.1993/2011 3 sentence taking appropriate steps in accordance with law. With the above directions, the revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.NO.1993/2011 4