IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.Rev.Pet.No. 3339 of 2010() ------------------------------ CRA.538/2008 of I ADDL. SESSIONS COURT, PALAKKAD ST.381/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVISION PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------------------------- P.RADHAKRISHNAN, S/O.PETTAYYAN, AGED 47 YEARS, 16/610, ATR STREET, KUNNATHURMEDU, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------------------------------------ 1. M/S.HOMFIT LEASING CO., VCM COMPLEX, HOMFIT JUNCTION, OLAVAKKODE, PALAKKAD, REPRESENTED BY P.JAYAKUMAR, ASST.MANAGER. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.PREETHY R. NAIR R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3339 of 2010 ------------------------------- Dated this the 18th day of November, 2010. O R D E R The accused in a prosecution for an offence u/s.138 of Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed against him by the courts below. 2. The counsel for the revision petitioner submitted that, the revision petitioner has no contention on merit but he requires some time to pay the fine amount. I find no reason to deny the above request and while granting some time to pay the fine, the amount can be enhanced slightly considering the fact that the cheque in question is dated 4.11.2005 that too for an amount of Rs.19,510/- and the said amount is with the revision petitioner for the last 5 years, though the same belong to the complainant. 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 order of sentence, as modified and the direction to pay fine, the revision petitioner is directed to pay a fine 2 Crl. R.P.No.3339 of 2010 of Rs.24,367/-, within 3 months from today and in case of default in paying the fine amount within the above time limit, the revision petitioner is directed to undergo simple imprisonment for 1 month. Accordingly, the revision petitioner is directed to deposit the fine amount in the trial court on or before 18.2.2011. In case, any failure on the part of the revision petitioner in paying the fine amount, within the period fixed, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against him. On realisation of the fine amount, a sum of Rs.22,500/- shall be paid to the complainant as compensation u/s.357(1)(b) of Cr.P.C. and the remaining amount shall be deposited in the State Exchequer. The execution of warrant if any, pending against the revision petitioner shall be deferred till 18.2.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/