IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Crl.Rev.Pet.No. 1855 of 2011() ------------------------------------------- CRA.264/2009 OF SESSIONS COURT, KASARAGOD CC.150/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- II, (ADDITIONAL MUNSIFF), KASARAGOD. .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------- SATHEESH NAIK, S/O.MAHALINKA NAIK, POOVANADKA, ENMAKAJE VILLAGE, P.O. PERIA, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.T.B.SHAJIMON, SMT.GOVINDU P.RENUKADEVI. RESPONDENTS/COMPLAINANT/STATE ---------------------------------------------------------- 1. T. THAMBAN NAIR, S/O.M. KRISHNAN NAIR, PARAKADAV HOUSE, BANDADKA VILLAGE, P.O.VATTAMTHATTA, PIN-673 123. KASARAGOD TALUK AND DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. R1 BY ADV. SRI.M.S.IMTHIYAZ AHAMMED, SRI.SHIRAZ ABDULLA. R2 BY PUBLIC PROSECUTOR MR.SABU SREEDHARAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1855 OF 2011 -------------------------------- Dated this the 2nd day of August 2011 ORDER Revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. 2. Notice given, 1st respondent/complainant has entered appearance. When the revision was taken up for consideration, the learned counsel for the revision petitioner/accused submitted that no arguments on merits is sought to be addressed, but only a request for three months time to pay the compensation fixed and, thus, avoid the default term of imprisonment. Cheque involved in the case is dated 10-10-2008. In the circumstance, extension of time requested for by the counsel to pay the compensation fixed cannot be granted. However, taking note of the submissions made by the counsel, the Magistrate concerned is directed to keep in abeyance the execution of the sentence for a period of one month from today. Petitioner is directed to appear before the Magistrate concerned on 19-09-2011 to serve out the substantive term of imprisonment for one day, till the rising of the court, and to report the payment of fine. In default of his Crl.R.P No.1855/2011 - 2 - appearance and nonpayment of the fine as directed, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge