IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Crl.Rev.Pet.No. 2519 of 2011() ------------------------------ CRA.594/2009 of SESSIONS COURT, THIRUVANANTHAPURAM CC.783/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT VI, THIRUVANANTHAPURAM. .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------ SARITHA HARIDEVAN, OORANKUDY HOUSE KADAKKAVUR PO, THIRUVANANTHAPURAM. BY ADVS. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SRI.NIYAS A.SALAM RESPONDENT(S)/RESPONDENTS/COMPLAINANT: ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SHAJI M MATHEW PROPRIETOR,SKYWAYS TOURS AND TRAVELS, HOTEL MAS COMPUND, OVER BRIDGE, THIRUVANANTHAPURAM 695 001. R1 BY PUBLIC PROSECUTOR SRI.T.R.RAJESH R2 BY ADV. SRI.AYYAPPAN SANKAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2519 OF 2011 ----------------------------------------- Dated this the 21st day of October 2011 ORDER The revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below. Sentence imposed against the accused, as affirmed by the learned Sessions Judge in appeal, is imprisonment till the rising of the court with direction to pay compensation of `.50,000/-, the cheque amount, to the complainant, with default term of simple imprisonment for two months. 2. The 2nd respondent has entered appearance. 3. When the revision came up for consideration, the learned counsel for the petitioner submits that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of some more time for payment of the compensation awarded and, thus, avoid the default term of imprisonment. Considering the submissions made as above and looking into the facts and circumstances as reflected in the judgments rendered by the courts below, I find, a short period, as indicated hereunder, can be granted for payment, to enable him to avoid incarceration in prison for the term fixed in the event of nonpayment. Crl.R.P No.2519 OF 2011 - 2 - 3. Affirming the conviction and sentence the revision petitioner/accused is directed to appear before the Magistate on 21-12-2011 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. The learned Magistrate is directed to keep in abeyance the execution of sentence against the accused till the date fixed as above for his appearance, to enable him to pay the amount within such period. In default of his appearance and nonpayment of the compensation, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge