IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.Rev.Pet.No. 902 of 2011 ----------------------------------- ( CRA.299/2010 of THE ADDL.DISTRICT AND SESSIONS JUDGE, MUVATTUPUZHA CC.222/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MUVATTUPUZHA) .................... REVN. PETITIONER(S): ------------------------------- MUHAMMED SHARAFUDEEN, KANDATHUMKARAYIL HOUSE, UPPUTHARA.P.O., IDUKKY DISTRICT. BY ADV. SRI.M.TRIPTEN RESPONDENTS(S): -------------------------- 1. M/S.DHANACHAKRA LEASING AND PURCHASE COMPANY PVT.LTD., UNICHUR BUILDING, PALLIKKAVALA, PIRAVOM, REPRESENTED BY ITS MANAGING DIRECTOR, MR.SUBHASH M.P., S/O.PATHARI, MADATHIL HOUSE, SOUTH MARADY, MUVATTUPUZHA PIN 686 661. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 902 of 2011 --------------------------------------------- Dated this the 29th day of March, 2011 O R D E R The challenge in this Crl.R.P. is against the conviction and sentence imposed against the revision petitioner under Section 138 of the N.I.Act. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount and also for receiving the sentence fixed by the trial court, confirmed by the appellate court. Having regard to the facts and circumstances of the case, I am of the view that the said submission requires positive consideration and the petitioner can be granted one month's time. In the result, this Criminal 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 Crl.R.PNO.902 of 2011 :-2-: confirming the sentence of imprisonment, the direction for payment of fine, the fine amount and default sentence ordered by the trial court, confirmed by the appellate court, the petitioner is granted one month's time to pay the fine amount and it is made clear that the default sentence fixed by the trial court, confirmed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the fine amount within one month's time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence of imprisonment and to pay the fine amount as fixed by the trial court, confirmed by the appellate court on 29th April,2011. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the fine amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. On realisation of the fine amount, the entire amount shall be paid to the complainant as compensation under Crl.R.PNO.902 of 2011 :-3-: Section 357(1)(b) of the Cr.P.C. Coercive steps, if any, pending against the revision petitioner shall be deferred till 29th April,2011. V.K.MOHANAN, Judge. MBS/