IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Crl.Rev.Pet.No. 1752 of 2011 ------------------------------------- CRA.739/2009 of SESSIONS COURT, PALAKKAD ST.1920/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER/APPELLANT/ACCUSED T. GOPALAKRISHAN, S/O. KASI VISWANATHAN, HSA (NSD), GHSS, KODUVAYOOR.P.O. CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.RAJA RESPONDENTSRESPONDENT/COMPLAINANT & STATE: 1. VASUDEVAN, S/O. RAMASWAMY, NEDUVANCHERIKAALAM, PUDUNAGARAM, PERUVAMBU VILLAGE, PALAKKAD TALUK. 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.A.ANILKUMAR FOR R1 SMT.R.RANJINI FOR R1 PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.Satheesachandran, J. ------------------------------------------- Crl.R.P.No.1752 of 2011 ------------------------------------------- Dated this the 12th day of August, 2011 ORDER The revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act, for short the N.I. Act. First respondent has entered appearance through counsel. 2. When the revision was taken up for consideration, learned counsel for the petitioner submitted that he has no arguments on merits to challenge the conviction but only a request for extension of time to effect the payment which has been awarded as compensation to the complainant. A sum of `.50,000/-, out of the compensation awarded, has already been paid to the respondent/complainant is the submission of the counsel. A receipt acknowledging such payment, issued by the counsel for the respondent, is also produced. Learned counsel for the respondent acknowledges receipt of the part payment as aforesaid. The balance amount due after the aforesaid part payment of the compensation awarded comes to `.2,10,000/-. A period of three months' time is requested for by the counsel to pay such sum to the complainant. Granting of some time is not objected to by the learned counsel for the complainant. It is submitted that time may be CRRP 1752/2011 2 restricted to a period of two months. 3. Considering the submissions made by the counsel on both sides and taking note of the part payment already effected, I find that a period of ten weeks' time from today can be granted to the petitioner/accused to pay off the outstanding amount. Petitioner is directed to appear before the Magistrate on 01.11.2011 to serve out the substantive term of imprisonment for a day, till rising of the court, and to report payment of whatever amount due to the complainant. Till such date, learned Magistrate is directed to keep in abeyance the execution of the sentence against the petitioner. In default of his appearance and non payment of the compensation, learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. The revision is disposed of. (S.S.Satheesachandran, Judge) tkv