IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.Rev.Pet.No. 3068 of 2010() ------------------------------ CRA.29/2009 of ADDL. SESSIONS COURT, (ADHOC-I), PALAKKAD ST.1480/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER(S): --------------------- MURALIDHARAN S/O.VASUDEVAN, AGED 44 YEARS, DURGA LINE PUTHOOR, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): --------------- 1. K.MOHANAN, S/O.KRISHNAN AGED 47 YEARS, KANKAKKAMBARA KUTTIPALLAM, CHITTUR TALUK, PALAKKAD. 2. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.R.P.NO.3068 OF 2010 ---------------------------------------------- Dated this the 30th day of March, 2011. ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted one month time to pay the compensation amount fixed by the appellate court. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I. Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment,the compensation amount and the default sentence as ordered by the appellate court the petitioner is granted one month time from today to pay the compensation amount. It is made clear that the default Crl.R.P.NO.3068 OF 2010 2 sentence fixed by the court below will be attracted only in case of default in paying the compensation amount within one month from today. Accordingly, the revision petitioner is directed to appear before the trial court on 02.05.2011 to receive the modified sentence of imprisonment and to pay the compensation amount. If there is any failure on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the compensation amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 2nd May, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE pm