IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Crl.Rev.Pet.No. 3145 of 2010() ------------------------------------ CRA.693/2008 of ADDL.SESSIONS COURT, (ADHOC-1), ERNAKULAM CC.822/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PERUMBAVOOR .................... PETITIONER/APPELLANT/ACCUSED ------------------------------------------ I.J.KURUVILLA, S/O.JOHN, ILLIPARAMBIL HOUSE, RAYAMANGALAM P.O., KURUPPAMPADY, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.P.P.BIJU RESPONDENT(S)/ RESPONDENT/COMPLAINANT -------------------------------------------------------- 1. K.V.BENNY, S/O.VARGHESE, KARIPRA HOUSE, KURUPPAMPADY, PERUMBAVOOR, ERNAKULAM DISTRICT-683 545. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3145 of 2010 ------------------------------- Dated this the 28th day of October, 2010. O R D E R Challenging the conviction and sentence u/s.138 of Negotiable Instruments Act the accused preferred this revision petition. 2. The counsel for the revision petitioner submitted that, the revision petitioner has no contention on merit and he require some time to pay the fine amount. I find no reason to deny the above request and while granting 3 months time to pay the fine, the amount can be enhanced slightly. 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 sentence of imprisonment and the sentence to pay fine as ordered and revised by the appellate court, the fine amount is enhanced to the tune of Rs.62,500/-, which shall be deposited within 3 months from today and in default of which the revision petitioner is directed to undergo 2 Crl. R.P.No.3145 of 2010 simple imprisonment for 3 months. Accordingly, the revision petitioner is directed to appear before the trial court on 28.1.2011, to receive the sentence of imprisonment and to pay the fine amount as fixed by this court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the fine amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. On realisation of the fine amount, a sum of Rs.60,000/- shall be paid to the complainant as compensation u/s.357(1)(b) of Cr.P.C. and the remaining amount shall be paid to the State Exchequer. The execution of warrant if any, pending against the revision petitioner shall be deferred till 28.1.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/