IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.Rev.Pet.No. 2656 of 2010 () ------------------------------ (CRA.52/2009 of SESSIONS COURT, KASARAGOD CC. 363/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II (ADDL. MUNSIFF), KASARAGOD). .................... REVN. PETITIONER/APPELLANT/ACCUSED. ------------------------------------------------------------------ GANESH C.M, AGED 33 YEARS, S/O.KRISHNA, CHEMBETTA VALAPPU HOUSE, POST NEKRAJE, CHENGALA VIA, KASARAGOD TALUK. BY ADV. SRI.S.JIJI RESPONDENTS/ RESPONDENTS/COMPLAINANT AND STATE. ------------------------------------------------------------------------------------------- 1. SATHYASHANKAR, PROPRIETOR, M/S.PRAVEEN AUTO FINANCES, PUTHUR, D.K.KARNATAKA, REPRESENTED BY HIS P/A. HODER SRIKRISHNA G.K., S/O.GOPALAKRISHNA BHAT, KHANDINGA THENKA HOUSE, NEERACHAL, KASARAGOD TALUK AND DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.SUMANGALA.P.N. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.2656 of 2010 ------------------------------- Dated this the 18th day of October, 2010. O R D E R The revision petitioner is the accused in a prosecution for an offence punishable u/s.138 of Negotiable Instruments Act and he is challenging his conviction and sentence imposed by the court below against him. 2. The learned counsel for the revision petitioner submitted that the revision petitioner has no contention on merit and he seeks some time to pay the compensation amount and to receive the sentence. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission can be considered favourably but subject to slight enhancement in the amount . In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment as ordered by the appellate court, the revision petitioner is directed to pay a fine of Rs.33,750/- within 3 months from today and if there is any default 2 Crl. R.P.No.2656 of 2010 in paying the fine amount, within the stipulated time, the revision petitioner is directed to undergo simple imprisonment for one month. Accordingly, the revision petitioner is directed to deposit the revised fine amount on or before 18.1.2011. On realisation of the fine amount, a sum of Rs.33,000/- shall be paid to the complainant as compensation u/s.357(1)(b) of Cr.P.C. and the remaining amount shall be paid to the State Exchequer. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the fine amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 18.1.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/