IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Crl.Rev.Pet.No. 959 of 2011() --------------------------- CRL.A. NO. 251/2009 OF ADDL. SESSIONS COURT-I, MAVELIKARA ST.NO. 104/07 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HARIPAD REVISION PETITIONER :APPELLANT-ACCUSED : ----------------------------------------------------------------------- RAJAN, S/O.KRISHNAN, KATTUPARAMBIL VEEDU, VETTUVENI, HARIPAD. BY ADV. SRI. B. RENJITH KUMAR RESPONDENTS- RESPONDENTS-COMPLAINANT : ------------------------------------------------------------------------ 1. SUNIL KUMAR V., KALAYATHU KIZHAKKATHIL VEEDU, THULAMPARAMBU NADUVATH, HARIPAD.P.O - 690514. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI. M.R. SUDHEENDRAN R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.K.MOHANAN,J ----------------------------------- Crl.R.P.No.959 of 2011 ---------------------------------------- Dated this the 23rd day of May, 2011 ORDER The accused in a prosecution for the offence under Section 138 of the NI Act is the revision petitioner, as he is aggrieved by the conviction and sentence imposed against him by the courts below. 2. Heard the counsel for the petitioner as well as the respondents. 3. Learned counsel for the revision petitioner submitted that the petitioner has no contention on merit but he requires some time to pay the fine amount. I find no reason to decline the above request, but at the same time the interest of the complainant has also to be protected. 4. It is relevant to note that the cheque in question is dated 23.2.2007, that too for an amount of Rs.90,000/-. Having regard to the facts and circumstances involved in this case, I am of the view that the petitioner can be granted three months time, subject to enhancement of the fine amount, which will be fixed by this court, considering Crl.R.P.No.959 of 2011 2 the fact that the cheque amount is due from the year 2007. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the NI Act as recorded by the trial court as well as the appellate court. While confirming the sentence of fine, the fine amount enhanced to the tune of Rs.1,08,000/- which shall be paid by the petitioner within 3 months from today and in default he is directed to undergo simple imprisonment for a period of 4 months. Accordingly, the revision petitioner is directed to pay the fine amount as ordered by this Court on or before 26.08.2011. If there is any failure on the part of the revision petitioner in depositing the fine amount on or before the above date, the trial court is free to take steps to execute the sentence and for realisation of fine amount. On realisation of the fine amount a sum of Rs.1,07,000/- shall be paid to the complainant as compensation under Section 357(1)(b) of Cr.P.C and the remaining amount of Rs.1,000/- shall be deposited in the Crl.R.P.No.959 of 2011 3 State Exchequer. Coercive steps if any pending against the revision petitioner shall be deferred till 26th August, 2011. V.K.MOHANAN JUDGE. pm/