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. 2498 of 2011() -------------------------- CRA.567/2010 OF III ADDL.SESSIONS COURT, KOZHIKODE CC.350/2009 OF SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES) COURT , KOZHIKODE ................... REVISION PETITIONER / APPELLANT/ACCUSED : ----------------------------------------------------------------------- NAJIMA.M, W/O.AKTAR SHAHAGED 42 YEARS, B-5, NGO QUARTERS, VELLIMADUKUNNU, MARIKUNNU PO, KOZHIKODE DISTRICT. BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS / RESPONDENTS/COMPLAINANT : ------------------------------------------------------------------------ 1. C.V.NAZER, S/O.MAMMU, AGED 36 YEARS, CHENNILODIVALAPPIL HOUSE, VELLIPARAMBA, CALICUT - 673 007. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY 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: Mn S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2498 OF 2011 ----------------------------------------- Dated this the 19th day of October 2011 ORDER The revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below. Sentence imposed against the accused, as confirmed by the learned Sessions Judge in appeal, is imprisonment till rising of the court with direction to pay compensation of `.1,80,000/-, the cheque amount, to the complainant with default term of simple imprisonment for 45 days. 2. 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 for payment of the compensation fixed and awarded and, thus, avoid the default term of imprisonment. 3. Since there is no challenge against the conviction and sentence, no dilation thereof with reference to the judgments rendered by the courts below is called for. So far as the request made by the counsel for grant of six months time for payment of the compensation awarded, it is seen, the cheque involved in the case is dated 12-01-2009 and what has been awarded as compensation is only the Crl.R.P No.2498 OF 2011 - 2 - amount covered by that instrument. No part of the amount covered by the cheque has been paid to the complainant till date. When such be the case, the time requested for by the counsel for payment of the compensation is excessive and unreasonable. However, taking into consideration the submissions made by the counsel that the complainant, a lady, is now facing severe financial difficulties and if reasonable time is granted, she will pay the compensation within such time, I find, a short period as indicated hereunder, can be granted for payment of the compensation. 4. Affirming the conviction and sentence the revision petitioner/accused is directed to appear before the Magistrate on 04-01-2012 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. The Magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for her appearance, to enable her to pay the compensation within such period. In default of her appearance and nonpayment of the compensation, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge