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. 582 of 2011() ----------------------------- CRA.517/2008 of I ADDL. SESSIONS COURT, PALAKKAD ST.1206/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER(S): --------------------- HARIDAS, S/O.PARAMESWARAN, KANNATTU VALAPPIL VEEDU, P.O.CHERUKUDANGADU, PALLAIPURAM, PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): --------------- 1. P.ANANDAN, S/O.MADHAVAN, 'SHEELA NIVAS', P.O. CHERUKKODU, VALLAPUZHA, PALAKKAD DISTRICT, PIN-679 336. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.SABU SREEDHARAN 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.582 OF 2011 ------------------------------------------------- Dated this the 22nd day of March, 2011. ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted one month time to pay the fine amount fixed by the appellate court. In the result, this 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, the order is issued to modifying the sentence and confirming the sentence to fine only by the appellate court is confirmed. The petitioner is granted one month time to pay the fine. It is made clear that the default sentence fixed by the courts below will be attracted Crl.R.P.NO.582 OF 2011 2 only in case of default in paying the fine amount within one month from today. Accordingly, the revision petitioner is directed to deposit the fine amount in the trial court on or before 25.04.2011. If there is 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 against the revision petitioner to secure his presence and to execute the sentence and for realisation of the compensation amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 25th April, 2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE pm