IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.Rev.Pet.No. 2440 of 2011() ------------------------------ CRA.131/2010 of SESSIONS COURT, KASARAGOD STC.1718/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- RAJEEVAN V,AGED 35 YEARS,S/O.KANDOKORAN, RESIDING AT VAYALIL VEEDU,VENGATTU P.O, P.O CHERUVATHUR,HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. PRASAD K.V,AGED 34 YEARS, S/O.NARAYANAN K.V,RESIDING AT KATTLA VEEDU,WAVERS STREET, NILESHWAR 671 314,HOSDURG TALUK, KASARGOD DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031. ADV. SRI.V.M.KURIAN FOR R-1 SRI.MATHEW B. KURIAN FOR R-1 SRI.K.T.THOMAS FOR R-1 SRI.SABU P.JOSEPH FOR R-1 PUBLIC PROSECUTOR SMT.SEENA.R THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pm S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P.No. 2440 of 2011 --------------------------------------------- Dated this the 19th day of October, 2011 ORDER Revision is by the accused in a cheque case, 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 as modified by the Sessions Judge in appeal is imprisonment till rising of the court with direction to pay compensation of Rs.95,000/- with default term of simple imprisonment for two months. 2. Notice given the first respondent has entered appearance. 3. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but only a request to be made for grant of six months time to pay the compensation fixed and awarded and thus avoid the default term of imprisonment. Period of time requested for payment is excessive and unreasonable is the submission of the counsel for the respondent. It is stated that he has no objection in granting reasonable time as deemed fit and proper to this Crl.R.P.No. 2440 of 2011 2 Court for payment. Since there is no challenge against conviction and sentence, no dilation thereof with reference to the judgments rendered by the two courts below is called for. Cheque involved in the case , the dishonour of which gave rise to prosecution and ultimately the conviction of the accused, is dated 19.9.2008. Sum covered by that instrument is Rs.95,000/-. Compensation awarded to the complainant is only the sum under the cheque. Time lag taken after commencement of prosecution over the dishounored cheque and that no part of the amount under that instrument despite direction of the Court granting sum as compensation, has to be taken note of by this Court in considering the request made by the accused seeking further extension of time for payment of the compensation. Prima facie, there appears to be no merit in the request so made. However taking note of the submissions made by the counsel for the accused for grant of some more time for payment of the compensation stating that presently he is in financial difficulties I find a short period, as indicated hereunder, can be granted for payment. 4. Affirming the conviction and sentence the accused is Crl.R.P.No. 2440 of 2011 3 directed to appear before the Magistrate on 2.1.2012 to serve out the imprisonment till the rising of the court and to report the payment of compensation. The Magistrate is directed to keep in abeyance the execution of the sentence against the accused 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 non-payment of the compensation the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge