IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.Rev.Pet.No. 861 of 2011() ----------------------------- (CRA.157/2009 of II ADDL. SESSIONS COURT, TRIVANDRUM CC.1306/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-VI) .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------- ABDUL RASHEED THEVAN PARA, THOLIKODU, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS(S): COMPLAINANT AND STATE ------------------------ 1. SHRIRAM TRANSPORT FINANCE COMPANY LTD., 4TH FLOOR, CAPITAL CENTRE, STATUE, THIRUVANANTHAPURAM, REPRESENTED BY SUNEESH S.V., FIELD EXECUTIVE OF SHRIRAM TRANSPORT FINANCE CO.LTD., PIN - 695 541. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 861 of 2011 --------------------------------------------- Dated this the 24th day of March, 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's 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 for the payment of Crl.R.PNO.861 of 2011 :-2-: compensation, the compensation amount and default sentence ordered by the appellate court, the petitioner is granted one month's time to pay the compensation 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's 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 25th April,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 25th April,2011. MBS/ V.K.MOHANAN, Judge. Crl.R.PNO.861 of 2011 :-3-: