IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.Rev.Pet.No. 1490 of 2011() ------------------------------------------ CRA.NO. 189/2010 of SESSIONS COURT, KOLLAM CC.NO. 697/2005 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------- LATHEEF.A., AGED 57 YEARS, S/O.ABDUL RAHIMAN, JBRA, 302/2 HOUSE NO.II, PAZHAYAVEEDU, PALLITHOTTAM.P.O., JONAKAPURAM, KOLLAM (PRESENTLY RESIDING AT THANDALAZHIKAM PURAYIDAM, 21 VALIYA VEEDU, JONAKAPURAM, KOLLAM-6) BY ADV. SMT.I.S.LAILA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RADHAKRISHNA PILLAI, S/O.VELUKURUP, KRISHNA BHAVANAM, VADAKKUMBHAGAM MURI, CHAVARA SOUTH.P.O., KARUNAGAPPALLY, KOLLAM. R1 BY PUBLIC PROSECUTOR SMT. REKHA.C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J ------------------------------- Crl.R.P.No.1490 of 2011 ---------------------------------------- Dated this the 10th day of June, 2011 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case and particularly the petitioner being a heart patient, I am of the view that the petitioner can be granted two months time to pay the compensation amount fixed by the appellate court. In the result, this 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. Accordingly, while confirming the sentence of imprisonment, direction to pay compensation, the compensation amount and the default sentence, the petitioner is granted two months time from today Crl.R.P.No.1490 of 2011 2 to pay the compensation amount. It is made clear that the default sentence fixed by the courts below will be attracted only in case of default in paying the compensation amount within two months from today. Accordingly, the revision petitioner is directed to appear before the trial court on 10.8.2011 to receive the modified sentence of imprisonment and to pay the compensation amount. It is made clear that the revision petitioner is free to pay the compensation amount either directly to the complainant or by depositing the same in the trial court which ever is subject to the satisfaction of the learned Magistrate. If there is any failure on the part of the revision petitioner in appearing before the trial court as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the compensation amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 10th August, 2011. V.K.MOHANAN, JUDGE pm/