IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Crl.Rev.Pet.No. 1571 of 2011() ------------------------------ CRA.243/2010 of THE ADDL. SESSIONS JUDGE(ADHOC-II), ERNAKULAM CC.1092/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... REVN. PETITIONER: REVISION PETITIONER ---------------------------------------- ROCKY, AGED 61 YEARS, S/O.THEO, VETTAKATTU HOUSE, NEAR GOVT.HIGH SCHOOL, CHANDIROOR, PIN-688 547. BY ADV. SRI.BIMAL PRASAD RESPONDENTS: --------------- 1. N.T.SAMSON, S/O.THEO, NADUVILATHARA HOUSE, KUMBALANGHY SOUTH.P.O., KOCHI-682 007. 2. STATE OF KERALA, REP.BY GOVT.PLEADER, HIGH COURT OF KERALA. BY P.P. SRI V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1571 of 2011 --------------------------------------------- Dated this the 28th day of June, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the revision petitioner and the challenge in this Revision Petition is against the conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 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. Having regard to the facts and circumstances involved in this case, I am of the view that the said submission can be considered positively. It is to be noted that the cheque is dated 16.5.2006 and that a sum Rs.75,000/- covered by the cheque in question is with the revision petitioner for the last 5 years, hence I am of the view Crl.R.PNO.1571 of 2011 :-2-: that while granting some time to the pay the compensation amount, the amount fixed by the courts below can be enhanced. 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 ordered by the appellate court, the compensation amount is enhanced and refixed and accordingly, the revision petitioner is directed to pay a compensation of Rs.93,750/- (Rupees Ninety three thousand seven hundred and fifty only) which he shall be paid within three months from today, in default, he is directed to undergo simple imprisonment for a period of three months. Accordingly, the revision petitioner is directed to appear before the trial court on 28th September, 2011 to receive the sentence and to pay the enhanced compensation amount fixed by this Court. In Crl.R.PNO.1571 of 2011 :-3-: case of 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 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 28th September,2011. V.K.MOHANAN, Judge. kvm/-