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. 2602 of 2011() ------------------------------ CRA.171/2010 of ADDL. SESSIONS COURT (ADHOC), THODUPUZHA ST.149/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THODUPUZHA .................... REVN. PETITIONER(S): --------------------- UNNI.K.N NELLIYAPLACKAL HOUSE, PARAKKADAVU, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): --------------- 1. SREE GOKULAM CHIT AND FINANCE CO.LTD., 356, ARCOT ROAD, KODAMPAKKAM, CHENNAI REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR.A.V.SANCHOSH S/O.VIJAYABHANU, ASSISTANT MANAGER, (BUSINESS),THODUPUZHA BRANCH, THODUPUZHA, IDUKKI DISTRICT. 2. STATE OF KERALA THROUGH REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.P.PADMALAYAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pm S.S.SATHEESACHANDRAN,J. --------------------------------------- Crl.R.P. No. 2602 OF 2011 ---------------------------------------- Dated this the 4th day of November, 2011 ORDER Revision is by the accused in a cheque case. He has been convicted for the offence under Section 138 of Negotiable Instrument Act, 1881 (for short ‘the Act”) concurrently by the two courts below. Sentenced imposed against the accused, as affirmed by the Sessions Judge in appeal is imprisonment till the rising of court with direction to pay compensation of Rs.32,811/-(rupees thirty thousand eight hundred and eleven only) to the complainant with default term of simple imprisonment for two months. 2. The revision coming up for consideration today the learned counsel for the petitioner/accused submitted that he has no argument to assail the conviction and sentence but only a request for grant of some more time to pay the compensation and thus avoid the default term of Crl.R.P. No. 2602 OF 2011 -2- imprisonment. During the pendency of proceedings before the Magistrate a portion of the cheque amount was paid by the accused and, giving him credit thereto, compensation was fixed at Rs.32,811/-(Rupees Thirty two thousand eight hundred and eleven only) in respect of the cheque for a sum of Rs.51,911/-(Rupees Fifty one thousand nine hundred and eleven only), submits the counsel. Considering the submissions made as above by the counsel, I find notice in the revision to the 1st respondent/complainant is not called for and it is dispensed with. 3. Pursuant to the judgment rendered by the courts below I find the submission of the counsel over the part payment made is well founded. Taking note of that factor also, I find the request made for further time for payment of compensation fixed can be granted providing a short period as indicated hereunder. 4. Affirming the conviction and sentence the petitioner/accused is directed to appear before the Crl.R.P. No. 2602 OF 2011 -3- Magistrate on 20/12/2011 to serve out the imprisonment till rising of Court and to report the payment of compensation. The Magistrate is directed to keep in abeyance the execution of sentence against the accused 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 non payment of compensation the Magistrate shall execute the sentence taking appropriate steps in accordance with law. The revision is disposed of subject to the above directions. S.S.SATHEESACHANDRAN JUDGE. Kp/-