IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.Rev.Pet.No. 2420 of 2011() ------------------------------------ CRA.511/2007 of I ADDL. SESSIONS COURT, TRIVANDRUM ST.679/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT - X, THIRUVANANTHAPURAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------ AMBILI MOHAN KUMAR, W/O. MOHANKUMAR, DWARAKA, THYCAUD.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.A.AHZAR RESPONDENT(S): RESPONDENTS/STATE & COMPLAINANT ------------------------------------------------------------------- 1. SATHY KUMARI, VILAYIL VEEDU, T.C 11/1004, NANTHENCODE, THIRUVANANTHAPURAM - 695 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.P.K.BEHANAN R2 BY PUBLIC PROSECUTOR SMT. R.SEENA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2420 OF 2011 ----------------------------------------- Dated this the 18th day of October 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 for such offence, as modified by the learned Sessions Judge in appeal, is imprisonment till rising of the court and payment of compensation of `.75,000/- with default term of simple imprisonment for a period of 8 days. 2. Notice given, the 1st respondent/ complainant has entered appearance through counsel. 3. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of some more time for payment of the compensation and, thus, avoid the default term of imprisonment. Ext.P1 cheque giving rise to the prosecution and ultimately the conviction of the accused is dated 31-05-2005 and the amount covered by that instrument is `.75,000/-. Considering the time lag after commencement of the prosecution, prima facie, there is no merit in the request made for further extension of time to pay the compensation. Crl.R.P No.2420 OF 2011 - 2 - However, taking into consideration the submissions made by the counsel pointing out the extenuating circumstances available in favour of the accused to seek for some more time, I find, a short period as indicated hereunder can be granted for payment. 4. Affirming the conviction and sentence the revision petitioner/accused is directed to appear before the Magistrate on 04-01-2012 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. The Magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for her appearance, to enable her to pay the compensation within such period. In default of her appearance and nonpayment of compensation within the date fixed as above, the learned 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