IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Crl.Rev.Pet.No. 1845 of 2010() ------------------------------------ CRA.102/2009 of SESSIONS COURT, KASARAGOD CC.26/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------ NASEEMA, AGED 36 YEARS, D/O.SUHARA, THAYAL, PUTHIYAKOTTA,T.B. ROAD, HOSDURG, P.O.KANHANGAD. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): RESPONDENTS/COMPLAINANT: ---------------------------------------------------------- 1. SATHEESH KAMATH.P., S/O.LATE PANDU RENGA KAMATH, PROPRIETOR, VIGNESHWARA TRADERS, KOTTACHERY, KANHANGAD P.O., KASASRAGOD DISTRICT - 671 315. 2. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.K.MOHANAN, J ------------------------------- Crl.R.P.No.1845 of 2010 ---------------------------------------- Dated this the 14th day of June, 2011 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted 45 days time to pay the compensation amount fixed by the appellate court. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, direction to pay compensation, the compensation amount and the default sentence, the petitioner is granted 45 days time from today to pay the compensation amount. It is made clear that the Crl.R.P.No.1845 of 2010 2 default sentence fixed by the courts below will be attracted only in case of default in paying the compensation amount within 45 days from today. Accordingly, the revision petitioner is directed to appear before the trial court on 16.8.2011 to receive the modified sentence of imprisonment and to pay the compensation amount. If there is any failure on the part of the revision petitioner in appearing before the trial court as directed above, 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 compensation amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 16th August, 2011. V.K.MOHANAN, JUDGE pm/