IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Crl.Rev.Pet.No. 1974 of 2011() ------------------------------ CRA.605/2009 of SESSIONS COURT, THRISSUR ST.1521/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: -------------------------------------- N.K.ALI, AGED 57 YEARS, S/O.KUNJABDULLA, NECHIKKOTTIL HOUSE, KARUMANAMKURUSSI, P.O.CHERUPULASSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT(S)/RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------- 1. M/S.GOKULAM CHIT & FINANCE CO. (P) LTD., PERINTHALMANNA BRANCH BY ITS BUSINESS MANAGER, A.SASIDHARAN, S/O.GOPALAN NAIR, 48 YEARS, DIVISIONAL OFFICE, M.G.ROAD, THRISSUR-680101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. ADV. SRI.V.T.RAGHUNATH FOR R1 PUBLIC PROSECUTOR SMT.REKHA C. NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.1974 OF 2011 ----------------------------------- Dated this the 24th day of August, 2011 O R D E R Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable instruments Act, for short, the 'N.I.Act', concurrently, by the two inferior courts. 2. Notice given, the 1st respondent/complainant has entered appearance. When the revision was taken up for consideration, the learned counsel for the petitioner/accused submitted that he has no argument on merits to assail the conviction and sentence, but only a request to be made for some more time to pay the amount fixed as compensation, and thus, avoid the default term of imprisonment. The learned Sessions Judge, in appeal, has vacated the substantive term of imprisonment imposed on the petitioner/accused by the learned Magistrate, reducing it to imprisonment for a day, till the rising of the court, while retaining the compensation awarded with Crl.R.P.No.1974/2011 2 default term for a lesser period as well – simple imprisonment for two months. As there is no challenge against the conviction and sentence, no further dilation thereof is warranted in this revision. 2. So far as the request made by the counsel for the petitioner for further time, it is seen, the cheque involved in the case is dated 09.12.2005. When that be the case, prima facie, there is no merit in the request made for further time. However, taking note the submissions made by the learned counsel for the petitioner/accused as to the extenuating circumstances compelling the accused to seek such extension of time, I find some more time can be granted to him to pay the amount fixed as compensation. 3. Confirming the conviction and sentence, the petitioner/accused is directed to appear before the Judicial First Class Magistrate Court - II, Thrissur on 01.11.2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report the payment of the compensation. Till Crl.R.P.No.1974/2011 3 the date as fixed as aforesaid, for the appearance of the accused, the learned Magistrate is directed to keep in abeyance the execution of the sentence, so as to enable him to repay the compensation within such time. In default of his appearance on the date fixed above, and non-payment of the compensation, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. With the above directions, revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.1974/2011 4