IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 Crl.Rev.Pet.No. 2295 of 2011() ----------------------------------------- CRA.256/2010 of ADDL. DISTRICT & SESSIONS COURT (ADHOC-III) NORTH PARAVUR ST.22/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS - III, ALUVA .................... REVN. PETITIONER/APPELLANT/ACCUSED : --------------------------------------------------------------- KOCHUKUNJU, AGED 60 YEARS, S/O.CHAKKUNNY, PULIKKOTTIL HOUSE, MANTHOPE, KANIPAYYOOR P.O., THRISSUR. BY ADV. SRI.JAISON JOSEPH RESPONDENTS/COMPLAINANT & STATE : ------------------------------------------------------------- 1. P.P.JOHNSON, PUTHUSSERY HOUSE, NEAR ST.DOMINIC CHURCH, ALUVA-683101. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SR. M.R. VENUGOPAL THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2295 OF 2011 ----------------------------------------- Dated this the 29th day of September 2011 ORDER Revision is by the accused 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 he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for some more time to pay the fine and, thus, avoid the default term of imprisonment. Sentence imposed against the accused, as affirmed by the learned Sessions Judge in appeal is only of fine with default term of imprisonment for one month. The cheque amount is `.35,000/- and that alone has been awarded as fine. Cheque involved in the case is dated 10-06-2005. When such be the case, prima facie, there is no merit in the request made for further extension of time to pay the fine. However, taking into consideration the submissions made by the counsel some more time for payment as indicated hereunder can be granted to effect the payment. 3. Affirming the conviction and sentence, the accused is granted two months time from today to pay the fine amount and, Crl.R.P No.2295/2011 - 2 - thus, avoid the default term of imprisonment. The learned Magistrate is directed to keep in abeyance the execution of sentence for a period of two months. In default of payment of fine within such time granted as above, 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