IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.Rev.Pet.No. 8 of 2008() --------------------------- CRA.53/2004 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM CC.974/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------- SHIHABUDEEN, S/O.ABDUL HASSAN, THUNDAVILA VEEDU, ALAMCODE VILLAGE, ATTINGAL. BY ADV. SRI.P.M.HABEEB RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE -------------------------------------------- 1. MUHAMMED ALI, S/O.BASHEER, K.V.HOUSE, PALLIMUKKU, MEVARKAL DESOM, ALAMCODE, ALAMCODE VILLAGE, ALAMCODE PO. 2. STATE OF KERALA, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 8 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2008 O R D E R This revision petition is directed against the concurrent verdict of guilty and conviction in a prosecution under Section 138 of the N.I. Act. The sentence was modified by the learned Appellate Judge and the petitioner now finds the prospect of substantive sentence of imprisonment till rising of court and to pay an amount of Rs.1,50,000/- as compensation and in default to undergo S.I. for a period of six months. 2. The learned counsel for the petitioner submits that the petitioner is aggrieved by the quantum of compensation awarded. He further prays that the petitioner may be given a short breathing time to raise the amount and avoid the default sentence. 3. Having considered all the relevant inputs, I am satisfied that the limited relief of further time of 45 days for making the payment can be granted to the petitioner. I find the quantum of compensation fixed to be absolutely reasonable considering the Crl.R.P.No. 8 of 2008 2 fact that a period of eight years has elapsed from the date of the cheque. 4. This revision petition is allowed in part. The sentence imposed on the petitioner shall not be executed till 15.2.2008. No request for further time shall be entertained. (R. BASANT) Judge tm