IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Crl.Rev.Pet.No. 3019 of 2010 ( ) ------------------------------ CRA.162/2010 of ADDL. SESSIONS COURT, (ADHOC-I), PALAKKAD ST.1934/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVN. PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------- A.P.SUNIL KUMAR S/O.MUTHU,POOCHIRA, PUDUPPARIYARAM, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------------------------------ 1. K.K.SUBASH, SREE GOKULAM CHIT & FINANCE CO.PVT.LTD, REP.BY ITS LEGAL CLERK, SANJOS TOWERS, OPP.KSRTC BUS STAND, PALAKKAD,PIN-678102. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3019 of 2010 ------------------------------- Dated this the 13th day of October, 2010. O R D E R The revision petitioner is the accused in a prosecution for an offence punishable u/s.138 of Negotiable Instruments Act and he is challenging the conviction and sentence imposed by the court below against him. 2. The learned counsel for the revision petitioner submitted that the revision petitioner seeks some time to pay the fine amount. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered favourably but subject to slight enhancement in the fine amount, considering the fact that the cheque in question pertained to the year 2008. 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 to pay the fine as ordered by the court below, the fine amount is enhanced to the 2 Crl. R.P.No.3019 of 2010 tune of Rs.64,000/- and the revision petitioner is directed to deposit the said amount within 3 months from today in the trial court and in default the revision petitioner is directed to undergo simple imprisonment for 1 month. Accordingly, the revision petitioner is directed to deposit the revised fine amount on or before 13.1.2011. On realisation of the fine amount, a sum of Rs.62,000/- shall be paid to the complainant as compensation u/s.357(1)(b) of Cr.P.C. and the remaining amount shall be paid to the State Exchequer. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the fine 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 13.1.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/