IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Crl.Rev.Pet.No. 1761 of 2011() --------------------------- CRA.414/2010 of ADDL.SESSIONS COURT, N. PARAVUR ST.11/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT - II, N. PARAVUR ............... REVISION PETITIONER / APPELLANT / ACCUSED : ------------------------------------------------------------------------- GEORGE T.P., S/O.JACOB, THAZHATHUVEETTIL HOUSE, NEDUMBASSERY POST, ALUVA TALUK. BY ADV. SRI. JAISON JOSEPH RESPONDENTS / COMPLAINANT & STATE : --------------------------------------------------------------- 1. VARGHESE, MANAGING PARTNER, VYPPIN KURIES AND FINANCE, CHERAI, S/O.OUSEPH, KUZHUPPILLY HOUSE, KEDAMANGALAM MURI, PARAVUR VILLAGE, PARAVUR TALUK-683 513. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1761 OF 2011 -------------------------------- Dated this the 5th day of August 2011 ORDER Notice was served on the 1st respondent/complainant, but, he has not responded to the notice. There is no challenge against the conviction, but, only with respect to the sentence imposed over the substantive term of imprisonment awarded as part of the punishment and also a request for extension of time to make payment of fine. 2. Considering the submissions made by the counsel and taking note that the offence involved is one falling under Section 138 of the NI Act, I find, the substantive term of imprisonment can be modified and reduced to imprisonment for one day, till the rising of the court, retaining the fine amount awarded, with the default term fixed. 3. So far as the request made for extension of time, it is seen, Ext.P1 cheque giving raise to the prosecution and ultimately conviction of the accused is dated 22-05-2007. So much so, further extension of time as requested for cannot be granted. However, having regard to the submissions made by the counsel, the learned Magistrate is directed to keep in abeyance the execution of Crl.R.P No.1761/2011 2 sentence for a period of six weeks from today to enable the petitioner to pay the fine amount and, thus, avoid the default term of imprisonment. 4. So much so, confirming the conviction of the accused, sentence imposed is modified limiting it to imprisonment for one day, till the rising of the court, retaining the fine of `40,000/- with default term of imprisonment for one month. Petitioner is directed to appear before the Magistrate on 26-09-2011 to serve out the substantive term of imprisonment for one day, till the rising of the court, and to report payment of the fine. In default of his appearance and nonpayment of fine, the Magistrate concerned shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge