IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Crl.Rev.Pet.No. 1920 of 2011() ------------------------------ CRA.60/2010 of SESSIONS COURT, PALAKKAD ST.775/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: ------------------------------ K.V. BABY, W/O.G. MANIKANDAN, 216/B, RAILWAY COLONY, KALLEKULANGARA, PALAKKAD. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE: -------------------------- 1. M.P. MANOJ, S/O.T.P. PRABHAKARAN NAIR, SUPRABHA, ATHANIPARAMBU, KALLEKULANGARA, PALAKKAD, PIN - 678 009. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.REKHA C. NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.1920 OF 2011 ----------------------------------- Dated this the 17th day of August, 2011 O R D E R Revision is by the accused, convicted of the offence under Section 138 of the Negotiable Instruments Act, for short, the 'N.I.Act', concurrently, by the two inferior courts. When the revision came up for consideration, the learned counsel for the petitioner/accused submitted that he has no argument to advance against the conviction and sentence, but only a request for some more time to pay off the fine, and thus, avoid the default term of imprisonment. On his conviction, the accused had been sentenced to undergo simple imprisonment for a day, till the rising of the court, directing him to pay a fine of Rs.65,000/-, the cheque amount, with default term of imprisonment for two months. Conviction of the accused, after going through the judgments rendered by the courts below, is found to be based on unimpeachable legal evidence. 2. So far as the sentence imposed also, sufficient leniency has been extended to him. In considering the request made by the counsel, it is seen, the cheque involved in the case is dated Crl.R.P.No.1920/2011 2 02.08.2008, which, according to the counsel, was dishonoured when presented on 18.12.2008. Taking into account the submissions made by the counsel and also the date of presentation of the cheque as aforesaid giving rise to its dishonour, the prosecution against the accused, I find reasonable time can be provided for discharging the fine imposed. 3. Petitioner is directed to appear before the Judicial Fist Class Magistrate Court - III, Palakkad on 17.10.2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and also to report the payment of the fine. Till such time, the learned Magistrate is directed to keep in abeyance the execution of the sentence against the accused taking steps in accordance with law. In default of his appearance and non-payment of the fine, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. With the above directions, the revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.No.1920/2011 3