IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Crl.Rev.Pet.No. 2504 of 2011 ------------------------------------- CRA.299/2009 of ADDL. SESSIONS COURT (ADHOC), KOZHIKODE ST.2599/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOZHIKODE ............................................................................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED. ----------------------------------------------------------------------------------------------------- ABDUL SALAM.A., S/O.MOOTHAMU, AGED 49 YEARS, ARANCHIKKAL HOUSE, PATHAPPIRIYAM HOUSE, VAYANASALA, MANJERI,MALAPPURAM DISTRICT. BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): ------------------------ 1. SRI.GOKULAM CHIT AND FINANCE COMPANY PRIVATE LIMITED, NO.66, ARCOT ROAD, CHENNAI, REPRESENTED BY LEGAL ASSISTANT, SAVITHA THYAGARAJAN. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.SEENA.R. R1 BY ADVS. SRI.RAJ MOHAN R.PILLAI SRI.P.BANI THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STU S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2504 OF 2011 ----------------------------------------- Dated this the 14th day of November 2011 ORDER Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, (for short 'the Act'), concurrently by the two courts below. Sentence imposed against the accused is imprisonment till the rising of the court with direction to pay compensation of `.63800/- with default term of simple imprisonment for two months. 2. Notice given, the 1st respondent/complainant has entered appearance. The complainant is a financing company conducting chitty business as well. Cheque involved in the case, it is alleged, was issued by the accused towards discharge of a liability due to the complainant company towards the chitty priced by him. The learned counsel for the 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 four months time to pay the compensation and, thus, avoid the default term of imprisonment. Chitty transaction between the parties was much before the year 2004 and the cheque giving rise to his prosecution was issued in 2004 is canvassed by the counsel for the complainant to oppose the Crl. R.P No.2504 OF 2011 2 request made for further extension of time. Considering the submissions made by both sides, I find, a short period as indicated hereunder can be granted for payment of the compensation, to enable to petitioner to avoid the default term of imprisonment. 3. Affirming the conviction and sentence, petitioner is directed to appear before the magistrate on 31-01-2012 to serve out the imprisonment till the rising of the court, and to report the payment of compensation. The learned magistrate is directed to keep in abeyance the execution of sentence 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 nonpayment of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge