IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.Rev.Pet.No. 2728 of 2010() ------------------------------------ CRA.781/2008 of I ADDL. SESSIONS COURT - 1, PALAKKAD ST.536/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVISION PETITIONEAPPELLANT/ACCUSED ---------------------------------------------------- SURESH, S/O.PANGI, KUNNATHUPARAMBIL (H) PERINGOTTUKURUSSI,ALATHUR,PALAKKD. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S)/ RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------------- 1. HARIHARAPUTHRAN, S/O.T.R.NARAYANA IYER, KONDATHOTIL NAIRVEEDU,PARUTHIPULLY, PALAKKAD, PIN-678541. 2. STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No. 2728 of 2010 ---------------------------------------- Dated the 18th Day October, 2010 ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed by the courts below against the revision petitioner under section 138 of the Negotiable Instruments Act. whereby the court courts below sentenced the revision petitioner to pay fine of Rs.70,000/-, and the default sentence is fixed as simple imprisonment for one month and he has no contention on merit. 2. The learned counsel for the revision petitioner submitted that the petitioner seeks some time to pay the fine amount. 3. Having regard to the facts and circumstances involved in this case, I am of the view that the said prayer can be allowed but subject to enhancement of the fine amount since the cheque in question is dated 16.10.2006, that too for an amount of Rs.70,000/-. In the result, this Crl.R.P. is disposed of confirming the conviction of the revision petitioner under section 138 of the N.I.Act as recorded by the courts below. While confirming the sentence to pay fine , the fine amount is enhanced to CRL.RP.NO.2728/10 -:2:- Rs.80,500/- which shall be paid within three months from today and in default, the revision petitioner is directed to undergo simple imprisonment for a period of one month. Accordingly, the revision petitioner is directed to deposit the fine amount on or before 18th January, 2011. If there is any default on the part of the revision petitioner in depositing the fine amount, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the fine amount. On realisation of the fine amount, a sum of Rs. 77,500/- shall be paid to the complainant as compensation under section 357(1)(b) of Cr.P.C. and the remaining amount shall be deposited in the State Exchequer. Coercive steps if any pending against the revision petitioner shall be deferred till 18.1.2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/-