IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Crl.Rev.Pet.No. 1265 of 2011 ------------------------------------ CRA.134/2009 of ADDL. SESSIONS COURT (ADHOC) III, PALAKKAD ST.2349/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,OTTAPPALAM .................... REVN. PETITIONER(S): APPELLANT/2ND ACCUSED -------------------------------- P.K.SASIKUMAR, S/O.LATE M.B.NAIR, AGED 48 YEARS,KARTHIKA ,MANISSERY,OTTAPPALAM TALUK,PALAKKAD DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS(S): RESPONDENTS/C OMPLAINANT AND STATE OF KERALA --------------------------- 1. VASANTH BHASKER,W/O.BHASKARAN NAIR, SUDHARI HOUSE,MUNDAMUKA AMSOM, SHORNUR DESOM, OTTAPPALAM TALUK,PALAKKAD DISTRICT. 2. THE STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No.1265 of 2011 --------------------------------------------- Dated this the 29th day of June, 2011 O R D E R The challenge in this Crl.R.P. is against the conviction and sentence imposed against the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act'). 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount. I find no reason to reject the above request. In the result, this Criminal 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 fine ordered by the appellate court and the fine amount, the revision petitioner is granted 45 (forty five) days time to pay the fine amount as ordered by the appellate court. It is made clear that the default sentence fixed by the appellate court will Crl.R.PNO. 1265 of 2011 :-2-: be attracted only if there is any failure on the part of the revision petitioner to deposit the fine amount within the above extended time. On realisation of the fine amount, the entire amount shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. Accordingly, the revision petitioner is directed to deposit the fine amount fixed by the appellate court on or before 16th August, 2011. In case of any failure on the part of the revision petitioner in making the deposit of fine amount on or before the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 16th August ,2011. V.K.MOHANAN, Judge. MBS/ Crl.R.PNO. 1265 of 2011 :-3-: