IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 Crl.Rev.Pet.No. 529 of 2011() ---------------------------------------- CRA.152/2010 of 4TH ADDL. SESSIONS COURT, THODUPUZHA C.C. NO.882/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THODUPUZHA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------- P.K.SASIDHARAN, S/O.KRISHNAN, PUTHENPURAYIL HOUSE, AMAYAPARA KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADVS. SRI.THOMAS J.ANAKKALLUNKAL SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE -------------------------------------------------------------------------------------- 1. REGI MATHEW, S/O.MATHEW, PENATT HOUSE, UDUMBANNOOR KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK – 686 013. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 529 of 2011 --------------------------------------------- Dated this the 22nd day of February, 2011 O R D E R The challenge in this Crl.R.P. is against the conviction and sentence imposed against the revision petitioner under Section 138 of the N.I.Act. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount fixed by the court below and also for receiving the sentence. Having regard to the facts and circumstances of the case, I am of the view that the said submission requires positive consideration and the petitioner can be granted forty five (45) days time. In the result, this Criminal 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. Crl.R.PNO.529 of 2011 :-2-: Accordingly, while confirming the sentence of imprisonment, the direction for payment of compensation, the compensation amount and default sentence ordered by the appellate court, the petitioner is granted forty five days time to pay the compensation amount to the complainant under Section 357(3) of the Cr.P.C. and it is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the compensation amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence of imprisonment fixed by the appellate court and to pay the compensation amount as ordered against him on 7th April,2011. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the compensation amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if Crl.R.PNO.529 of 2011 :-3-: any, pending against the revision petitioner shall be deferred till 7th April,2011. MBS/ V.K.MOHANAN, Judge.