IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Crl.Rev.Pet.No. 749 of 2011() ------------------------------------ (CRA.105/2008 of II ADDL. SESSIONS COURT, TRIVANDRUM ST.199/2006 of THE J.F.C.M.COURT, THIRUVANANTHAPURAM) .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- NIZAR, S/O. MUHAMMED SHAFI, KOLLAVILAKATHU VEEDU, KARAMANA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. 2. P.G.SATHEESH, S/O. PRABHAKARAN, "SRAVAN", T.C. 20/67, MELARANNOOR, KARAMANA.P.O. THIRUVANANTHAPURAM. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R2 SRI.T.C.SURESH MENON FOR R2 SRI.JIBU P THOMAS FOR R2 SRI.P.S.APPU FOR R2 SRI.A.R.NIMOD FOR R2 SRI.C.A.ANOOP FOR R2 R1 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 749 of 2011 --------------------------------------------- Dated this the 16th day of March, 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 compensation amount fixed by the court below and also for receiving the sentence. Having regard to the facts and circumstances of the case, I am of the view that the said submission requires positive consideration and the petitioner can be granted forty five (45) days time. In the result, this Criminal Revision Petition is disposed of Crl.R.PNO. 749 of 2011 :-2-: 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 of imprisonment, the direction for payment of compensation, the compensation amount and default sentence ordered by the appellate court,the petitioner is granted forty five days time to pay the compensation amount to the complainant under Section 357(3) of the Cr.P.C. 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 to pay the compensation amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence of imprisonment fixed by the appellate court and to pay the compensation amount as ordered by the appellate court against him on 29th April,2011. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the compensation amount on the above date, the trial court Crl.R.PNO. 749 of 2011 :-3-: is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 29th April,2011. V.K.MOHANAN, Judge. MBS/