IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Crl.Rev.Pet.No. 1393 of 2011() ------------------------------ CRA.405/2009 of I ADDL. SESSIONS COURT-1, PALAKKAD ST.120/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,OTTAPALAM .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- P.MURALEEDHARAN, S/O.LATE SRIDHARAN, AGED 37 YEARS, PATHIRAKOTTIL HOUSE, P.O.PALAPPURAM, OTTAPALAM TALUK. BY ADV. SRI.C.A.ANOOP RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. E.NANIKUTTY, AGED 66 YEARS, D/O.KATTYPARU AMMA, ASWATHY, CHITTADA P.O., VADAKKANCHEERRY, THRISSUR DISTRICT-680600. 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 31/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1393 of 2011 --------------------------------------------- Dated this the 31st day of May, 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 as ordered by the appellate court. Having regard to the facts and circumstances of the case, I am of the view that forty five (45) days time can be granted to the petitioner to pay the fine 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 to pay fine and default sentence ordered by the appellate court, the petitioner is granted forty five days time to deposit the fine amount 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 in depositing the fine amount within 45 days time from today. CRRP 1393/11 2 Accordingly, the revision petitioner is directed to deposit the fine amount on or before 15th July, 2011. In case of any failure on the part of the revision petitioner in depositing the fine amount as directed above the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. On realisation of the fine amount, a sum of Rs.2,50,000/- shall be paid to the complainant as compensation under section 357(1)(b) Cr.P.C and the remaining amount of Rs.1000/- shall be deposited in the State Ex chequer. Coercive steps, if any, pending against the revision petitioner shall be deferred till 15th July, 2011. V.K.MOHANAN, Judge. kvm/-