IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.Rev.Pet.No. 3319 of 2010 () ------------------------------ (CRA.175/2009 of ADDL. SESSIONS COURT (ADHOC) III, PALAKKAD ST.1807/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD) .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------- K.KRISHNAKUMAR, S/O.VELAYUDHAN, LAB WORKER, AFL LAB, FLUID CONTROL , RESEARCH INSTITUTE, KANJIKODE, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. MASILAMANI, S/O.CHAMI MOOTHAN, THIRUPPURAKKAL NAGAR COLONY, MELAMURI, PALAKKAD. BY PUBLIC PROSECUTOR, SRI.V.TEK.CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3319 of 2010 ------------------------------- Dated this the 12th day of November, 2010. O R D E R The accused in a prosecution for an offence u/s.138 of Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed against him by the courts below. 2. The counsel for the revision petitioner submitted that the revision petitioner has no contention on merit but he require some time to pay the fine amount. I find no reason to deny the above request and according to me while granting some time to pay the fine, the amount can be enhanced slightly considering the fact that the cheque in question is dated 10.7.2007 that too for an amount of Rs.75,000/- and the said amount is with the revision petitioner for the last 3 years, though the same belong to the complainant. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of 2 Crl. R.P.No.3319 of 2010 Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment and the direction to pay fine, the amount is enhanced slightly and the revision petitioner is directed to pay a fine of Rs.89,062/- , which shall be deposited in the trial court within 3 months from today and in default, he is directed to undergo simple imprisonment for 2 months. Thus, the revision petitioner is directed to appear before the trial court on 14.2.2011 to receive the sentence of imprisonment and to pay the fine amount as fixed by this court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the fine amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. On realisation of the fine amount, a sum of Rs.85,000/- shall be paid to the complainant as compensation u/s.357(1)(b) of Cr.P.C. and the remaining amount shall be deposited in the State Exchequer. The execution of warrant if any, pending 3 Crl. R.P.No.3319 of 2010 against the revision petitioner shall be deferred till 14.2.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/