IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.Rev.Pet.No. 1456 of 2011() ------------------------------ CRA.700/2009 of III ADDL.SESSIONS COURT, KOZHIKODE STC.1370/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... REVN. PETITIONER: ACCUSED: ----------------------------- K.M.DEVADASAN, KURUNGOTT HOUSE, PANANGAD AMSOM, NIRMALLOOR DESOM, KOILANDY TALUK. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS: COMPLAINANT: --------------------------- 1. STATE OF KERALA, REP.BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. PADMANABHAN NAMBIAR, AGED 67 YEARS, S/O.NARAYANAN NAIR, MANNARATH HOUSE, AVIDANELLUR AMSOM, KOILANID TALUK.- R1 BY P.P. SMT. REKHA C. NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1456 of 2011 --------------------------------------------- Dated this the 15th day of June, 2011 O R D E R The challenge in this Crl.R.P is against the conviction and sentence imposed against the revision petitioner under Section 138 of the N.I.Act. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount as ordered by the appellate court. Having regard to the facts and circumstances of the case, I am of the view that one month time can be granted to the petitioner to pay the compensation amount. In the result, this Criminal 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 direction to pay compensation and default sentence ordered by the appellate court, the petitioner is granted one month time from today to pay the compensation Crl.R.PNO.1456 of 2011 :-2-: amount to the complainant under Section 357(3) of the Cr.P.C. and it is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the compensation amount within one month time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence and to pay the compensation amount on 15th July, 2011. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the compensation amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 15th July, 2011. V.K.MOHANAN, Judge. kvm/-