IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Crl.Rev.Pet.No. 3023 of 2010 ( ) ------------------------------ CRA.153/2001 of IIIRD ADDL DIST. & SESSIONS COURT (ADHOC-I), THODUPUZHA. ST.51/2010 of JUDL.MAGISTRATE OF FIRST CLASS - II, IDUKKI .................... REVN. PETITIONER: ---------------------------- BIJU SEBASTIAN, AGED 39, S/O. SEBASTIAN, THEKKEKKUTTU HOUSE, SANTHIGRAM.P.O., ERATTAYAR, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADVS. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BABY, S/O. MATHEW, PAIKAYIL HOUSE, MARIYAPURAM KARA, THANKAMANI VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY PUBLIC PROSECUTOR, SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3023 of 2010 ------------------------------- Dated this the 13th day of October, 2010. O R D E R The revision petitioner is the accused in a prosecution for an offence punishable u/s.138 of Negotiable Instruments Act and he is challenging his conviction and sentence imposed by the court below against him. 2. The learned counsel for the revision petitioner submitted that the revision petitioner seeks some time to pay the compensation amount and to receive the sentence. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered favourably but subject to slight enhancement in the compensation amount, considering the fact that the cheque in question pertained to the year 2007. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment as 2 Crl. R.P.No.3023 of 2010 ordered by the appellate court, the revision petitioner is directed to pay a compensation of Rs.30,000/- u/s.357(3) of Cr.P.C. to the complainant, within 4 months from today and if there is any default in paying the compensation amount within the stipulated time, the revision petitioner is directed to undergo simple imprisonment for 45 days. Accordingly, the revision petitioner is directed to deposit the revised compensation amount on or before 14.2.2011. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 14.2.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/