IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 6TH DAY OF DECEMBER 2011/15TH AGRAHAYANA 1933 CRRP.No. 2890 of 2011 ( ) CRA.569/2005 of ADDL.SESSIONS COURT,THALASSERY STC.5295/2003 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KUTHUPARAMBA. ....... PETITIONER/ACCUSED/APPELLANT: PUTHALEKUNNATH NARAYANAN, KATTIL PURAYIL HOUSE, PINARAYI (PO), THALASSERY TALUK, KANNAUR DISTRICT. BY ADVS.SRI.P.V.SURENDRANATH, SMT.BINDUMOL JOSEPH, SRI.B.S.SYAMANTHAK. RESPONDENTS/COMPLAINANT/STATE: 1. P.V.SATHEESAN,S/O.GOPALAN, PANNIYOTT HOUSE,MUTTOLAMPURAM PO, KANNUR DISTRICT - 670 134. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. SEENA.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06-12-2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------------------- Crl.R.P.No.2890 of 2011 ----------------------------------------------- Dated this the 6th day of December, 2011 O R D E R Revision is by the accused in a cheque case, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, 1881 {for short ‘the Act’} concurrently by two courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal, is imprisonment till the rising of the court with direction to pay the cheque amount a sum of Rs.60,000/- as compensation to the complainant with default term of simple imprisonment for one month. 2. The revision coming up for consideration today, the learned counsel for the 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 Crl.R.P.No.2890 of 2011 :: 2 :: of some more time to pay the compensation and thus, to avoid the default term of imprisonment. Cheque involved in the case is dated 30.08.2003 and the sum covered by that instrument is Rs.60,000/-. No part of the amount, despite the awarding of the compensation, as indicated above, has been paid by the accused so far. When that be so, prima facie, there is no merit in the request made by the counsel, seeking extension of time for payment. However, taking into consideration the submissions made by the counsel, pointing out the extenuating circumstances available in favour of the accused, I find, a short time, as indicated hereunder, can be provided for payment of such compensation, and thus avoid the default term of imprisonment. 4. Affirming the conviction and sentence, the petitioner/accused is directed to appear Crl.R.P.No.2890 of 2011 :: 3 :: before the magistrate on 30.01.2012, to serve out the imprisonment till the rising of the court and to report the payment of compensation. The magistrate shall keep in abeyance the execution of the 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 non-payment of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of as above. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.