IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 Crl.Rev.Pet.No. 1936 of 2011() -------------------------------------------- CRA.NO.165/2009 of II ADDL.SESSIONS COURT, KOLLAM CC.NO. 576/2004 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED ------------------------------------------------------------------- LETHIKA, AGED 40 YEARS, W/O.SURESH AT SURESH BHAVANAM,ARINALLOOR, THEVALAKARA, KARUNAGAPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.S.SUDHEESHKAR RESPONDENT(S)/ COMPLAINANT & STATE -------------------------------------------------------------- 1. KRISHNA KUMAR, AGED 37 YEARS S/O.GOPALAKRISHNA PILLAI, PRASHANTHI VADAKKUMBHAGOM CHERRY, THEKKUMBHAGOM VILLAGE, KARUNAGAPPALLY TALUK.PIN-691 306 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 R2 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1936 OF 2011 ----------------------------------------- Dated this the 10th day of August 2011 ORDER Revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. When the revision was taken up for consideration, the learned counsel for the revision petitioner/accused submitted that no arguments on merits is sought to be addressed, but only as against the default term of imprisonment and also a request for extension of time to pay the compensation and, thus, avoid the default term of imprisonment. A period of two months time is requested for by the counsel to effect payment of compensation awarded by the courts below. Cheque involved in the case giving rise to the prosecution of the accused and ultimately resulting in his conviction is seen dated 13-10-2003. When that be the case, further extension of time to pay the compensation awarded is not normally allowable. However, taking note of the submissions made by the counsel, highlighting the extenuating circumstances in favour of the accused for extention of time, there will be a direction to the learned Magistrate to keep in abeyance the execution of the sentence for a period of two months from today to Crl.R.P No.1936 OF 2011 - 2 - enable the petitioner to pay the compensation within such time and thus avoid the default term of imprisonment. Default term of imprisonment for the sum of Rs.68,000/- fixed towards compensation is excessive is the submission of the counsel. I find force in the submission made by the counsel. Default term of imprisonment shall stand reduced as two months. Petitioner is directed to appear before the Magistrate concerned on 17-10-2011 to serve out the substantive term of imprisonment for one day, till the rising of the court, and to report the payment of compensation. In default of his appearance and nonpayment of the compensation as directed, the Magistrate 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