IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Crl.Rev.Pet.No. 3175 of 2010 () ------------------------------ (CRA.249/2009 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CC.976/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD) .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------------------------------- N.K.VIJAYAN, NEDIYAMBATH HOUSE, VATANAPPILLY P.O., CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ZEENA JOMON, PROPRIETRESS, M/S. JOSE BROTHERS GOLD SUPER MARKET, VATANAPPILLY, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, ANOOP ARAKKAL, S/O. PAULY A.L., ARAKKAL HOUSE, MADAYIKONAM, P.O.MAPRANAM. BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3175 of 2010 ------------------------------- Dated this the 29th day of October, 2010. O R D E R Challenging the conviction and sentence u/s.138 of Negotiable Instruments Act, the accused preferred this revision petition. 2. The counsel for the revision petitioner submitted that, the revision petitioner has no contention on merit and he require some time to pay the compensation amount, as he is a financially poor person and had no such income to pay the huge amount forthwith. Having regard to the facts and circumstances involved in the case, I find no reason to deny the above request but while granting 3 months time to pay the compensation, the amount can be enhanced slightly. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment as revised and ordered by the appellate court and also the compensation, the amount is enhanced to the tune of 2 Crl. R.P.No.3175 of 2010 Rs.3,05,000/-, which shall be paid to the complainant within 3 months from today u/s.357(3) of Cr.P.C. and in default of which the revision petitioner is directed to undergo simple imprisonment for 3 months. Accordingly, the revision petitioner is directed to appear before the trial court on 29.1.2011, to receive the sentence of imprisonment and to pay the compensation amount as fixed by this court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 29.1.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/