IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Crl.Rev.Pet.No. 2300 of 2011() ------------------------------------ CRA.453/2009 of ADDL.SESSIONS COURT (ADHOC), KOTTAYAM ST.1292/2006 of JUDICIAL MAGISTRATE OF FIRST CLASS - II, ETTUMANUR .................... PETITIONER/APPELLANT/ACCUSED ------------------------------------------ P.V. VARGHESE, STATE BANK OF TRAVANCORE, KUMARANALLOOR BRANCH, KUMARANALLOOR. BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKKUZHY RESPONDENT(S):RESPONDENTS-NOT PARTY & COMPLAINANT ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. V.K.NARAYANAN NAIR, CHIRAYIL HOUSE, MALLUSSERY KARA, PRESENTLY WORKING AT MILMA DIARY, VADAVATHOOR P.O., KOTTAYAM - 686 010. R1 BY PUBLIC PROSECUTOR SRI. M.R.VENUGOPAL R2 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2300 OF 2011 ----------------------------------------- Dated this the 10th day of October 2011 ORDER The 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. Sentence imposed against the accused, as affirmed by the learned Sessions Judge in appeal is imprisonment for a day, till the rising of the court with a direction to pay `.1,00,000/- as compensation to the complainant with default term of simple imprisonment for a period of three months. 2. The revision was filed with a petition to condone the delay of 218 days, on which notice was ordered to the respondent. On appearance of the respondent, after hearing both sides, delay was condoned on terms. 3. When the revision came up for admission, in the presence of the respondent, 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 some more time to pay the compensation awarded and, thus, avoid the default term of imprisonment. Cheque involved in the case is dated 24-05-2006 and the sum covered by that instrument is `.1,00,000/-. Having regard to the submissions made by the learned counsel, some more time for Crl.R.P No.2300 OF 2011 - 2 - payment, as indicated hereunder, can be granted. 4. Affirming the conviction and sentence, the revision petitioner/accused is directed to appear before the learned Magistrate on 19-12-2011 to serve out the imprisonment for a day, till the rising of the court, and to report payment of compensation. The learned Magistrate is directed to keep in abeyance the execution of sentence imposed against the accused till the date fixed as above, to enable the accused to pay the compensation within such period. In default of his appearance and nonpayment of the compensation, 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