IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.Rev.Pet.No. 835 of 2011() ----------------------------- CRA.328/2008 of ADDL.SESSIONS COURT,-I, MAVELIKKARA ST.486/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II, HARIPAD .................... REVN. PETITIONERS: PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- BINDU BALAGOPAL, W/O. BALAGOPAL, MANAKKADAMPALLIL VEEDU, KARUVATTA VADAKKUM MURI, KARUVATTA VILLAGE. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. GEORGE MATHEW, S/O. VARGHESE, NADALACKAL HOUSE, KARUVATTA THEKKUM MURI, KUMARAPURAM VILLAGE, PIN-685 597. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P. SRI V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No.835 of 2011 ---------------------------------------- Dated the 22nd Day of March, 2011 ORDER 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 three months 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 sentence of payment of compensation and default sentence ordered by the appellate court, the petitioner is granted three months 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 CRRP 835/11 2 petitioner to pay the compensation amount within three months time from today. Accordingly, the revision petitioner is directed to appear before the trial on 22nd June, 2011, to receive the sentence and to pay the compensation amount. 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 22nd June, 2011. V.K.MOHANAN, Judge. kvm/- CRRP 835/11 3