IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.Rev.Pet.No. 2422 of 2011() ------------------------------------ CRA.545/2006 of ADDL. SESSIONS COURT (ADHOC)-II, TRIVANDRUM CC.382/2005 of JUDICIAL FIRST CLASS MAGISTRATE COURT -IV NEYYATTINKARA .................... REVN. PETITIONER(S):APPELLANT/ACCUSED ---------------------------------------------------- VIJAYAN,S/O.SIVADASAN, KADUKAVILAVEEDU,PANNIYODE P.O, NEYYATTINKARA. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT(S):STATE/COMPLAIANT --------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. P.K.VIJAYAKUMAR S/O.KUTTIYAPPI NADAR, MALAYANKAVU CHARUVILA VEEDU VENCODE KUNNATHUKKAL VILLAGE. R1 BY PUBLIC PROSECUTOR SMT. R. SEENA R2 BY ADVS. SRI.ALAN PAPALI SRI.SOJAN MICHEAL SRI.GILBERT GEORGE CORREYA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2422 OF 2011 ----------------------------------------- Dated this the 18th day of October 2011 ORDER The revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently, by the two courts below. Sentence imposed against the accused, as modified by the learned Sessions Judge in appeal, is imprisonment till rising of the court with direction to pay compensation of `.75,000/-, the cheque amount, to the complainant with default term of simple imprisonment for a period of two months. 2. Notice given, the 2nd respondent has entered appearance through counsel. 3. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of six months time for payment of the compensation and, thus, avoid the default term of imprisonment. Cheque involved in the case is dated 10-06-2000 and the amount covered by that instrument is `.75,000/-. Revision petitioner/accused has no case that he has made any part payment of the compensation fixed and awarded in the case. The request made for extension of time after continuation of the prosecution proceedings against him in three Crl.R.P No.2422 OF 2011 - 2 - different forums, prima facie, cannot be entertained. However, taking into consideration the submissions made by the counsel for the revision petitioner/accused pointing out the financial difficulties faced by the accused, I find, a short period, as indicated hereunder, can be granted for payment of the compensation and, thus avoid his incarceration in prison. 4. Affirming the conviction and sentence the revision petitioner/accused is directed to appear before the Magistrate on 12-12-2011 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. The Magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance, to enable him to pay the compensation within such period. In default of his appearance and nonpayment of 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