IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Crl.Rev.Pet.No. 2472 of 2011 ------------------------------------- CRA.842/2008 of I ADDL. SESSIONS COURT, TRIVANDRUM ST.53/2007 of JUDICIAL 1ST CLASS MAGISTRATE COURT-IV, THIRUVANANTHAPURAM. .................................................... .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: -------------------------------------------------------------------- B.MAHESH, S/O.BHANU NADAR, MADHU BHAVAN, VILAVOORKKAL, MALAYINKEEZHU.P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------------------------------ 1. T.S.SURESH KUMAR, S/O.SADASIVAN, SURESH BHAVAN, MINNAMCODE, VILAPPIL, PEYAD, THIRUVANANTHAPURAM - 695573. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. BY PUBLIC PROSECUTOR SMT. SEENA.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STU S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2472 OF 2011 ----------------------------------------- Dated this the 14th day of November 2011 ORDER Revision is by the accused in a cheque case. His conviction for the offence under Section 138 of the Negotiable Instruments Act by the magistrate has been affirmed by the learned Sessions Judge, turning down his appeal. Sentence imposed against the accused as modified by the learned Sessions Judge is imprisonment till the rising of the court with direction to pay a sum of `.52,000/- as compensation to the complainant with default term of simple imprisonment for one month. 2. When the revision came up for consideration today, the learned counsel for the petitioner submitted that he has no arguments 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, to avoid the default term of imprisonment. Considering the submissions made by the counsel, notice to the 1st respondent/complainant is dispensed with. 3. Affirming the conviction and sentence, the accused is directed to appear before the magistrate on 09-01-2012 to serve out the imprisonment till the rising of the court, and to report Crl. R.P No.2472 OF 2011 2 payment of the compensation. The learned magistrate is directed to keep in abeyance the execution of 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 nonpayment of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge