IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Crl.Rev.Pet.No. 2380 of 2011() ------------------------------ CRA.334/2010 of ADDL. SESSIONS COURT (ADHOC), THODUPUZHA ST.989/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDAM .................... REVN. PETITIONER/APPELLANT/ACCUSED ---------------------------- BIJU THOMAS, S/O.THOMAS,AGED 34 YEARS, KURUVIKKATTU HOUSE, KUZHITHOLU KARA, KARUNAPURAM VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.BIJU MARTIN RESPONDENTS/RESPONDENTS/COMPLAINANT ------------------------ 1. INDIAN CARDAMOM MARKETING COMPANY, REPRESENTED BY THE MANAGING DIRECTOR, RAMACHANDRAN,S/O.GOVINDAN NAIR, RESIDING AT KADEEJA ESTATE, VANDANMEDU VILLAGE,PULIYANMALA. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.M.R. VENUGOPAL THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2380 OF 2011 ----------------------------------------- Dated this the 10th day of October 2011 ORDER The revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. Sentence imposed against the accused, as modified by the learned Sessions Judge in appeal, is one of imprisonment, till the rising of the court with direction to pay `.1,00,000/- as compensation to the complainant with default term of simple imprisonment for a period of three months. 2. The learned counsel for the petitioner submits that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of some more time to pay the compensation and, thus, avoid the default term of imprisonment. 3. Cheque involved in the case, which on dishonour gave rise to the prosecution of the accused and ultimately his conviction is dated 10-03-2006. Sum covered by that instrument was Rs.98,070/-. Considering the submissions made by the learned counsel seeking for grant of further time for payment of the compensation awarded, I find, some more time as indicated hereunder can be granted to the accused to pay the amount fixed as compensation. Crl.R.P No.2380 OF 2011 - 2 - 4. Affirming the conviction and sentence, the accused is directed to appear before the Magistrate on 03-01-2012 to suffer the imprisonment, till the rising of the court, and to report payment of the compensation. The learned Magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above, to enable the accused to pay the amount within the aforesaid period. In default of his appearance and nonpayment of the compensation, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge