IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Crl.Rev.Pet.No. 2041 of 2011() ----------------------- CRA.695/2009 of SESSIONS COURT, PALAKKAD CC.07/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, OTTAPALAM .................. REVISION PETITIONER / APPELLANT / ACCUSED : ------------------------------------------------------------------------- P.ABDUL RAHIMAN, S/O.KHADAR, PUTHENPEEDIYEKKAL, CHALAVARA AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS / RESPONDENTS / COMPLAINANT AND STATE : ------------------------------------------------------------------------------------------- 1. M.P.MOIDEENKUTTY, S/O.MUHAMMED, MADATHILPARAMBIL VEETTIL, CHERUPULASSERY AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT - 679 009. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2041 OF 2011 ----------------------------------------- Dated this the 26th day of August 2011 ORDER 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 inferior courts. 2. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that no arguments on merits is sought to be addressed as against the conviction and sentence, but, only a request to be made for a period of three months to pay the compensation awarded and, thus, avoid the default term of imprisonment. 3. Cheque involved in the case is dated 30-06-2005 and the sum covered by the instrument is Rs.1,65,000/-. The learned Magistrate, on conviction of the accused, has sentenced him to undergo simple imprisonment for three months with direction to pay compensation of Rs.1,65,000/- to the complainant with default term of simple imprisonment for 15 days more. In appeal, the learned Sessions Judge, affirming the conviction, modified the substantive term of imprisonment to one day, till the rising of the court, retaining the direction to pay compensation with the default term fixed thereunder. Taking note of the date of drawing of the Crl.R.P No.2041 OF 2011 - 2 - cheque and that its dishonour has led to the prosecution, and ultimately the conviction of the accused, and the continuance of the litigation, I find, prima facie, there is no merit in the request made for further time to pay the compensation awarded. However, taking note of the submissions made by the learned counsel for the petitioner/accused pointing out the circumstances which compel the accused to seek a period of three months to pay the amount, I find, some more time as indicated hereunder can be granted. 4. Affirming the conviction and sentence, the petitioner is directed to appear before the Magistrate on 07-11-2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report payment of the compensation. Till the date fixed as above for his appearance, the learned Magistrate is directed to keep in abeyance the execution of the sentence. In default of his appearance and nonpayment of the compensation, the learned 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