IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.Rev.Pet.No. 852 of 2011() ----------------------------- CRA.525/2009 of SESSIONS COURT, THRISSUR CC.145/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVN. PETITIONER(S): REVN.PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------ N.P.PRAVEEN, AGED 26 YEARS, S/O. PREMDAS, NARIYAMBULLY HOUSE, CHOOLPPURAM, P.O.KOTTAPPADY, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VALSAN, S/O. KALATHIL BALARAMAN, KARAKKAD DESOM, GURUVAYUR AMSOM, CHAVAKKAD TALUK, THRISSUR DISTRICT 680 101. PUBLIC PROSECUTOR SMT.REKHA.C. NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON 30/03/2011 PASSED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.R.P.NO.852 OF 2011 ---------------------------------------------- Dated this the 30th day of March, 2011. ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted one month time to pay the compensation amount fixed by the appellate court. In the result, this 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 confirming the sentence of imprisonment,the compensation amount and the default sentence as ordered by the appellate court the petitioner is granted one month time from today to pay the compensation amount. It is made clear that the default sentence fixed by the court below will be attracted only in case Crl.R.P.NO.852 OF 2011 2 of default in paying the compensation amount within one month from today. Accordingly, the revision petitioner is directed to appear before the trial court on 02.05.2011 to receive the modified sentence of imprisonment and to pay the compensation amount. If there is any failure on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the compensation amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 2nd May, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE pm