IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Crl.Rev.Pet.No. 1896 of 2011() ------------------------------------------- CRA.355/2010 of SESSIONS COURT, KOLLAM ST.19/2009 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------ AJITHA PRAKASH, "JANARDHANA", VAIDYASALA, ASRAMAM, KOLLAM. WORKING AS CLERK, S.N.COLLEGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): RESPONDENTS/COMPLAINANT ------------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.LALITHAMBIKA, D/O.SARASWATHY AMMA, KIZHAKKEDATHU PADINJATTATHIL, ASRAMAM.P.O., KOLLAM DISTRICT. 691 001. R1 BY PUBLIC PROSECUTOR SRI.P.P.PADMALAYAN R2 BY ADVS. SRI.B.MOHANLAL, SRI.T.PRASAD, SRI.SAIJU S. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1896 OF 2011 ----------------------------------------- Dated this the 4th day of November 2011 ORDER 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 affirmed by the learned Sessions Judge in appeal, is imprisonment for six months with direction to pay compensation of `.2,00,000/- with default term of simple imprisonment for three months more. 2. Notice given, the 2nd respondent/ complainant has entered appearance. 3. The learned counsel for the petitioner submitted that he has no arguments on merits to assail the conviction 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. The counsel appearing for the 2nd respondent has no objection in modifying the sentence awarding imprisonment of a term, but, has serious opposition to the period of time sought for payment of the compensation. Reasonable time as deemed fit and proper by this court may be allowed for payment of the compensation, is the submission of the counsel. No exceptional circumstance is seen Crl.R.P No.1896 OF 2011 2 made out in the case to justify the imposition of imprisonment of the petitioner for the term fixed as part of the sentence. Sentence imposed against the petitioner can be reduced to imprisonment till the rising of the court retaining the compensation with the default term of imprisonment. So far as the time requested for payment of the compensation, I find, a short period as indicated hereunder can be granted. 4. Affirming the conviction of the accused, sentence imposed against him is modified and reduced to imprisonment till the rising of the court, retaining the compensation fixed with default term of imprisonment. Petitioner is directed to appear before the Magistrate on 30-01-2012 to serve out the imprisonment till the rising of the court, and to report the payment of compensation. The learned 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 the compensation, the 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