IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 16TH JUNE, 2011 / 26TH JYAISHTA, 1933 Crl.Rev.Pet.No. 1524 of 2011 ------------------------------------- (CRL.A.NO.1078 OF 2008 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, VADAKARA & STNO.279 OF 2007 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT,VADAKARA) REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------------------- P.SULAIMAN, CONDUCTOR, KERALA STATE ROAD TRANSPORT CORPORATION, OPERATING CENTRE, VADAKARA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS(S): COMPLAINANT & STATE -------------------------- 1. M.T.SADANANDAN, S/O.SANKARAN NAIR, MEETHALE THURUTHIYIL, MEMUNDA, VADAKARA. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1524 of 2011 --------------------------------------------- Dated this the 16th day of June, 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 fine amount. I find no reason to reject the above request. 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 fine ordered by the appellate court and the fine amount, the revision petitioner is granted 45 (forty five) days time to pay Crl.R.PNO.1524 of 2011 :-2-: the fine amount as ordered by the appellate court. 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 deposit the fine amount within the above extended time. On realisation of the fine amount, the entire amount shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. Accordingly, the revision petitioner is directed to deposit the fine amount fixed by the appellate court on or before 1st August, 2011. In case of any failure on the part of the revision petitioner in making the deposit of fine amount on or before 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 1st August,2011. V.K.MOHANAN, Judge. MBS/ Crl.R.PNO.1524 of 2011 :-3-: