IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.Rev.Pet.No. 2814 of 2011(B) -------------------------------------------- [THE JUDGMENT IN CRL.A.NO.697/2009 OF THE ADDITIONAL DISTRICT & SESSIONS COURT, FAST TRACK (ADHOC) NO.IV, THIRUVANANTHAPURAM DATED 16/05/2011 MODIFYING THE JUDGMENT IN S.T. NO. 2413/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, NEDUMANGAD DATED 24/09/2009] REVISION PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------- P. ANIL KUMAR, S/O. PANKAJAKSHAN NAIR, PLAPETTY, KIZHAKKUMKARA PUTHEN VEEDU, KOPPAM, KOTTAKKA MURI, VITHURA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K. SATHEESH KUMAR, SRI. K.S. PRAVEEN. RESPONDENTS/RESPONDENTS/COMPLAINANT: ---------------------------------------------------------------------- 1. S. THANKAPPAN ASARI, S/O. SUBBAYYAN ASARI, ARAVIND, MARUTHAMOOD, CHETTACHAL.P.O., KOTTAKKAKOM MURI, VITHURA VILLAGE, PIN - NO.695 551. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R2 BY PUBLIC PROSECUTOR SMT. SEENA.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2814 OF 2011 ----------------------------------------- Dated this the 3rd day of December 2011 ORDER The 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 courts below. Sentence imposed against the accused, as modified by the learned sessions Judge in appeal, is imprisonment till the rising of the court, with direction to pay the cheque amount, a sum of `.2,00,000/- as compensation to the complainant with default term of simple imprisonment for two months. 2. When the revision came up for consideration today, the learned counsel for the petitioner submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of six months time to pay the compensation and, thus, avoid the default term of imprisonment. Cheque involved in the case is dated 15-07-2006 and the sum covered by that instrument is `,2,00,000/-. The dishonour of that cheque has given rise to the prosecution and ultimately the conviction of the accused. No part of the compensation has been paid till date by the accused. Timelag after commencement of the prosecution arising from the dishonour of the cheque and also payment of any portion of the amount due to the Crl. R.P No.2814 OF 2011 2 complainant has not been made till date, prima facie show that the extention of time requested for is not allowable. However, considering the submissions made by the counsel for the accused pointing out the circumstances compelling him to seek further time for payment, I find, a short period, as indicated hereunder, can be provided for payment of the compensation and, thus, avoid the default term of imprisonment. 3. Affirming the conviction and sentence, petitioner/accused is directed to appear before the magistrate on 15-02-2012 to serve out the imprisonment till the rising of the court, and to report payment of compensation. Magistrate is directed to keep in abeyance the execution of 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 nonpayment of compensation within the date fixed as above, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge