IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 Crl.Rev.Pet.No. 2925 of 2010() ------------------------------------ CRA.659/2006 of SESSIONS COURT, PALAKKAD ST.912/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REV.PETITIONER/APPELLANT/ACCUSED ------------------------------------------------ R.JAYADAS S/O.K.K.RAMAN, AGED 54 YEARS, KAVIL VEEDU, KINASSERY, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): RESPONDENT/COMPLAINANT & STATE ------------------------------------------------------------------- 1. B.KANTHAGIRI S/O.BALARAMAN CHETTIYAR, AGED 43 YEARS, BALAGIRI ILLOM,THATHAMANGALAM VILLAGE, CHITRUR TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.U.BALAGANGADHARAN R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No. 2925 of 2010 ---------------------------------------- Dated the 19th Day October of 2010 ORDER The challenge is against the conviction and sentence imposed against the revision petitioner under section 138 of the N.I.Act by which the appellate court sentenced him to pay a fine of Rs. 1,45,000/-. 2. The learned counsel for the revision petitioner fairly submitted that the revision petitioner has no contention on merit but he requires some time to pay the fine amount. 3. Having regard to the facts and circumstances involved in the case, I am of the view that some breathing time can be granted to the revision petitioner to pay the fine amount, but subject to slight enhancement with respect to the fine amount. In the result, this Crl.R.P. is disposed of confirming the conviction of the revision petitioner under section 138 of the N.I.Act as recorded by the appellate court. Accordingly, while confirming the sentence to pay fine, as modified and fixed by the appellate court, the fine amount is enhanced and the revision petitioner is directed to deposit a sum of Rs. 1,50,000/- within three months from today in the trial court failing Crl.R.P.2925/10 -:2:- which the revision petitioner is directed to undergo simple imprisonment for three months. Accordingly, the revision petitioner is directed to deposit Rs.1,50,000/- in the trial court on or before 19th January, 2011. If there is any failure in depositing the amount on or before the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner to execute the sentence and for realisation of the fine amount. If the fine amount is realised, a sum of Rs.1,47,500/- shall be paid to the complainant as compensation under section 357(1)(b) Cr.P.C and the remaining amount shall be deposited in the State Exchequer. Coercive steps if any pending shall be deferred till 19.1.2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- Crl.R.P.2925/10 -:3:-