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. 2258 of 2011() ------------------------------------- CRA.286/2009 of SESSIONS COURT, KASARAGOD CC.126/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II (ADDITIONAL MUNSIFF), KASARGOD ....................................................................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: ------------------------------------------------------------------ HUSSAIN, S/O. KHADEEJA, RESIDING AT HOUSE NO. 1/443 OF AJANUR, NATTANKALLU HOUSE, RAVANESHWARAM POST, CHITHARI VILLAGE, KASARAGOD TALUK. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE: ----------------------------------------------------------------------------------------- 1. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, IST FLOOR, THALANGARA GATE, OPP.I.B.P PETROL PUMP, NULLIPADI, KASARAGOD DISTRICT, REP. BY POWER OF ATTORNEY HOLDER. 2. STATE OF KERALA- REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.2258 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. Sentence imposed against the accused is imprisonment for a day, till the rising of the court with direction to pay Rs.95,000/- as compensation to the complainant with default term of imprisonment for four months. 2. When the revision came up for consideration, the learned counsel for the petitioner submitted that he has no argument to be advanced on merits to assail the conviction and sentence, but only a request for some more time to pay the compensation and, thus, avoid the default term of imprisonment. Counsel for the petitioner requested for four months' time to pay Crl.R.P.No.2258/2011 2 the compensation submitting that the accused, at present, is facing severe financial difficulties. Cheque involved in the case, the dishonour of which had given rise to his prosecution and ultimately the conviction of the accused, is dated 30.08.2008. Considering the time lag, 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, some more time can be granted for payment as indicated hereunder. 3. Affirming the conviction and sentence, the accused is directed to appear before the Judicial First Class Magistrate Court – II, Kasaragod, on 12.12.2011 to serve out the substantive term of imprisonment for a day, till the rising of the court and also to report payment of the compensation. The learned Magistrate is directed to keep in abeyance the execution of the sentence till the date fixed as above for his appearance. In default of his appearance and non-payment of the compensation, Crl.R.P.No.2258/2011 3 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.2258/2011 4