IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Crl.Rev.Pet.No. 792 of 2011() ----------------------------- AGAINST THE ORDER DATED 09/08 /2007 IN CRRP 52/08 IN CRA.674/2007 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM ST.861/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-VII, THIRUVANANTHAPURAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- C.K.VARGHESE, S/O. KURIEN, CHEMMANAM HOUSE, MANACAUD P.O., MUVATTUPUZHA, ERNAKULAM-686 726. BY ADV. SRI.R.SUDHEESHKUMAR SRI.SUNIL KUMAR A.G RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. M/S. KERALA STATE POULTRY DEVELOPMENT CORPORATION LTD., PETTAH, REPRESENTED BY M.B.AJAYKUMAR, ACCOUNTANT, (FINANCE MANAGER-IN-CHARGE). 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.R.P.NO.792 OF 2011 ---------------------------------------------- Dated this the 18th day of March, 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, I am of the view that the petitioner can be granted one month 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,the compensation amount and the default sentence as ordered by the appellate court the petitioner is granted one month time from today to pay the compensation amount. It is made clear that the default sentence fixed by the court below will be attracted only in case of default in paying the compensation amount within one month from today. Accordingly, the revision petitioner is Crl.R.P.NO.792 OF 2011 2 directed to appear before the trial court on 18.04.2011 to receive the modified sentence of imprisonment and to pay the compensation amount. 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 18th April, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE pm