IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Crl.Rev.Pet.No. 3181 of 2010 () ------------------------------ ( CRA.757/2008 of SESSIONS COURT, THRISSUR ST.505/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR) .................... REVN. PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------------- P.M.SALIM, AGED 40 YEARS, S/O.MOHAMMED, PUTHIYAVEETIL HOUSE, NATTIKA, THRISSUR. BY ADV. SRI.K.I.SAGEER IBRAHIM RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31. 2. DR.R.SANTHAKUMAR, S/O.RAMAKRISHNAN, NARAYANA VILASAM, NADATHARA VILLAGE, ERAVIMANGALAM, THRISSUR 680001. BY PUBLIC PROSECUTOR, SRI.V.TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3181 of 2010 ------------------------------- Dated this the 29th day of October, 2010. O R D E R Challenging the conviction and sentence u/s.138 of Negotiable Instruments Act the accused preferred this revision petition. 2. The counsel for the revision petitioner submitted that, the revision petitioner has no contention on merit and he require some time to pay the compensation amount. I find no reason to deny the above request and 45 days time can be granted to pay the compensation. 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 and revised by the appellate court and also the order to pay compensation, the revision petitioner is granted 45 days time from today to pay the compensation amount and it is made clear 2 Crl. R.P.No.3181 of 2010 that the default sentence fixed by the appellate court will be attracted only if there is any default on the part of the revision petitioner in paying the compensation amount, within 45 days from today. Accordingly, the revision petitioner is directed to appear before the trial court on 13.12.2010, to receive the sentence of imprisonment and to pay the compensation. The learned counsel for the revision petitioner submitted that, in compliance of the order issued by the appellate court, while suspending the execution of the sentence, the revision petitioner has already deposited a sum of Rs.25,000/- in the trial court. If an amount of Rs.25,000/- already deposited as submitted and the said amount is retained in the trial court, then towards the deposit of the compensation amount fixed by the court below, the revision petitioner need to deposit the balance amount of Rs.1,50,000/- and the amount already deposited by the revision petitioner can be adjusted towards the total compensation amount. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in 3 Crl. R.P.No.3181 of 2010 paying the balance compensation 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 13.12.2010. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/