IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.Rev.Pet.No. 633 of 2011() ----------------------------- CRA.441/2009 of ADDL.SESSIONS COURT (ADHOC 1), KOTTAYAM ST.79/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT V, KOTTAYAM. .................... REVISION PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------------------------------------------- SHEEBAMOL, D/O.VASUDEVAN, KARTHIKAPPALLIL HOUSE, WARD NO.XI, HOUSE NO.348, VIJAYAPURAM PANCHAYAT, VADAVATHOOR.P.O., KOTTAYAM DISTRICT. BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR. RESPONDENT(S): RESPONDENTS/STATE & COMPLAINANT: ---------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JIJI JOHN, PROPRIETOR BROTHERS HARDWARE, KANGAZHA, POOTHAKUZHI.P.O., PAMPADY, KOTTAYAM DISTRICT. 686 521. R2 BY P UBLIC PROSECUTOR SRI. V. TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 633 of 2011 --------------------------------------------- Dated this the 3rd 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 fine 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 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 Crl.R.PNO.633 of 2011 :-2-: imprisonment, the direction for payment of fine, the fine amount and default sentence ordered by the appellate court, the petitioner is granted forty five days time to pay the fine amount 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 fine amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 16th April,2011 to receive the sentence of imprisonment fixed by the appellate court and to pay the fine amount as ordered against him. 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 fine amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. On realisation of the fine amount, the entire amount shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. Coercive steps, if any, pending against the revision Crl.R.PNO.633 of 2011 :-3-: petitioner shall be deferred till 16th April,2011. V.K.MOHANAN, Judge. MBS/