IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Crl.Rev.Pet.No. 996 of 2011() ------------------------------------------ CRA.NO. 631/2009 OF ADDITIONAL DISTRICT & SESSIONS COURT, FAST TRACK (ADHOC-II) KOZHIKODE --------------------- C.C.NO.364/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT(MARAD CASES) KOZHIKODE .................... REVN. PETITIONER(S)/ APPELLANT/ ACCUSED -------------------------------------------------------------------- SHIJU.K., S/O.CHANDRAN, SOUMYA NIVAS, KANNADIKKAL P.O., VENGERI, KOZHIKODE. BY ADV. SRI.V.KRISHNA MENON RESPONDENT(S)/ RESPONDENTS/ COMPLAINANT ------------------------------------------------------------------------- 1. MAHESWARI FINANCE & INVESTMENTS, 3RD FLOOR, MALABAR GATE, RAM MOHAN ROAD, KOZHIKODE-673 004. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R2 BY PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J ------------------------------- Crl.R.P.NO.996 OF 2011 ---------------------------------------------- Dated this the 11th day of April, 2011. ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted one month time to pay the compensation amount fixed by the appellate court. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I. Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, direction to pay compensation, the compensation amount is enhanced to the tune of Rs.28,000/- which shall be paid to the complainant within one month from today. It is made clear that the default sentence fixed by the courts below will be attracted only in case of default in paying the above compensation amount within one month from today. Accordingly, the revision Crl.R.P.NO.996 OF 2011 2 petitioner is directed to appear before the trial court on 11.05.2011 to receive the sentence of imprisonment and to pay the modified compensation amount. If there is any failure on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the compensation amount. It is made clear that the petitioner is free to pay the compensation amount either directly to the complainant or by remitting the same in the trial court which ever subject to the satisfaction of the learned Magistrate. Coercive steps, if any, pending against the revision petitioner shall be deferred till 11th May, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE pm