IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.Rev.Pet.No. 1868 of 2011() ------------------------------------------- CRA.536/2009 OF ADDITIONAL SESSIONS COURT-I, PALAKKAD ST.2257/2006 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... REVN.PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------- DR.ASOKAN, S/O. APPUKUTTAN, AGED 50 YEARS, DOOR NO.39, N.G.O. COLONY, KALLEPPULLY POST, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------------------------------ 1. STATE BANK OF INDIA, MERCY COLLEGE BRANCH, PALAKKAD, PIN-678 101. REPRESENTED BY ITS BRANCH MANAGER, P.C. RAVINDRAN. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R2 BY PUBLIC PROSECUTOR MR.PUZHAKKARA MUHAMMED. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P. No.1868 of 2011 --------------------------------------------- Dated this the 1st day of August, 2011 ORDER Revision petitioner is the accused convicted of the offence under Section 138 of the Negotiable Instruments Act, for short N.I.Act, concurrently by two courts below. When the revision came up for consideration learned counsel for the petitioner submitted that he has no arguments on merits, but only a request for time to pay off the fine and thus avoid default term of imprisonment. 2. Complainant in this case is a scheduled bank and the cheque was in respect of dues outstanding on the loan availed from such bank. The cheque amount was for a sum of Rs.12,777/-. Modifying the substantive term of simple imprisonment imposed by the trial Magistrate as part of the sentence, the learned Sessions Judge, in appeal reduced it to imprisonment for one day till the rising of the court with a direction to pay Rs.13,777/- as fine directing for release of the sum of Rs.12,777/-, if the fine amount is realized, to the complainant bank as compensation. The accused is shown to be a Doctor. Normally further extension of time to pay off the Crl.R.P. No.1868 of 2011 2 amount as indicated above cannot be granted, having regard to the fact that the cheque was issued in 2006 and the sum was only Rs.12,777/-. 3. However there will be a direction to the Magistrate concerned to keep in abeyance the execution of sentence for a period of three weeks from today to enable the petitioner/accused to pay off the fine amount as fixed and thus avoid the default term of imprisonment. 4. Petitioner is directed to appear before the Magistrate on 29/8/2011 to serve out the substantive term of imprisonment for one day, till rising of the court, and to report the payment of fine. In default of his appearance, and non payment of the fine, the Magistrate shall take appropriate steps to execute the sentence in accordance with law. Revision disposed accordingly. S.S.SATHEESACHANDRAN, JUDGE. rkc