IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Crl.Rev.Pet.No. 1546 of 2011() ------------------------------------------- CRA.NO.737/2008 of 1ST ADDL.SESSIONS COURT, KOZHIKODE ST.525/2007 of JUDICIAL FIRST CLASS MAGISTRATE(MARAD CASES) KOZHIKODE .................... REVISION PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------------------------- P.RATHEESH, AGED 26 YEARS, S/O.RAMACHANDRA MENON, PUTHALATH HOUSE, P.O.KOMMERI, VALAYANAD AMSOM, KOMMERI DESOM OF KOZHIKODE TALUK. BY ADVS. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- 1. K.MOHANAKRISHNAN, S/O.RAMACHANDRAN NAIR, `AISWARYAM', KAVILKOTTAPRAMBA, P.O.KOMMERI, KOZHIKODE.PIN-673 002 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SRINATH GIRISH SRI.E.NARAYANAN R2 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRL.R.P.NO.1546/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1(A): COPY OF THE MEDICAL CERTIFICATES ISSUED BY DR.PISHARODY ANIL NARAYANAN, ASSISTANT SURGEON, C.H.C. PURATHUR DATED 2/10/2009. ANNEX A1(B): COPY OF MEDICAL CERTIFICATES ISSUED BY DR.PISHARODY ANIL NARAYANAN, ASSISTANT SURGEON, C.H.C. PURATHUR DATED 31/1/2010. ANNEX A1(C): COPY OF THE MEDICAL CERTIFICATES ISSUED BY DR.PISHARODY ANIL NARAYANAN, ASSISTANT SURGEON,C.H.C. PURATHUR DATED 4/4/2010. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P. No.1546 OF 2011 -------------------------------- Dated this the 7th day of July 2011 ORDER The Revision is directed against the conviction of the petitioner for the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act). The trial Magistrate, on finding him guilty of the offence, convicted and sentenced him to undergo simple imprisonment for a period of two months and to pay a sum of Rs.75,000/-, the cheque amount, as compensation to the complainant, with default term of simple imprisonment for one month more. In the appeal preferred by the accused, the learned Sessions Judge, confirming the conviction, modified the sentence altering the substantive term of imprisonment by reducing it to one day till rising of the court. Compensation awarded with default term fixed by the Magistrate was retained without any modification. As against the conviction imposed against him, he has filed this revision. 2. The revision had been filed with a petition to condone delay of 351 days. Notice was given on the delay petition. But, after service, there was no appearance for the Crl.R.P.No.1546/2011 2 respondent/complainant. Delay being condoned, the revision was taken up for consideration. 3. At the time of hearing, the learned counsel for the revision petitioner submitted that the concurrent finding of guilt rendered by the two courts below may not be open for any further scrutiny, in view of the limited scope of revisional jurisdiction. However, the counsel urged for extension of time to pay the compensation and thus avoid his incarceration. Having regard to the submissions made by the counsel and also taking note of the circumstances covered by the case and more particularly that the complainant would be more benefited by payment of compensation as fixed by the court without further delay, I am inclined to grant one month's time to the petitioner to make payment of the compensation and thus avoid his imprisonment for the default term. 4. The court below shall keep in abeyance execution of warrant, if any, issued against the petitioner in execution of the sentence awarded for a period of one month, to provide him an opportunity to deposit or pay the compensation fixed. Irrespective of the extension of time granted as aforesaid, he shall serve out the sentence of imprisonment for one day, for which he Crl.R.P.No.1546/2011 3 shall appear before the court on 16-08-2011. In default of appearance or nonpayment of the compensation amount within the extended period, the concerned Magistrate shall take appropriate steps to secure his presence and execute the sentence without fail. Revision is disposed as indicated above. vdv S.S.SATHEESACHANDRAN, JUDGE