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. 839 of 2011() ----------------------------- CRA.187/2009 of ADDL. SESSIONS COURT (ADHOC) III, PALAKKAD ST.2753/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS - II, OTTAPALAM .................... REVN. PETITIONERS: APPELLANT/2ND ACCUSED ------------------------------------------ P.K.SASIKUMAR, S/O. LATE M.B.NAIR, AGED 48 YEARS, KARTHIKA, MANISSERY, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENTS: RESPONDENTS/COMPLAINANT AND STATE OF KERALA ---------------------- 1. V.MOHANDAS, S/O. LATE NARAYANAN NAIR, PATHALINGAL VEEDU, KULUKALLUR POST, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 2. THE 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. 839 of 2011 --------------------------------------------- Dated this the 22nd March, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 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 CRRP 839/11 -2- sentence of fine ordered by the appellate court and the fine amount, the revision petitioner is granted 45 (forty five) days time to pay 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 6 th May, 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, CRRP 839/11 -3- if any, pending against the revision petitioner shall be deferred till 6 th May, 2011. V.K.MOHANAN Judge. kvm/-