IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Crl.Rev.Pet.No. 1755 of 2011() ------------------------------------------- CRA.740/2009 of SESSIONS COURT, PALAKKAD ST.1255/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------ T.R. RAJALAKSHMI, W/O. GOPALAKRISHNAN, KUTTUNNI NAGAR, AMBATTU PALAYAM, CHITTUR TALUK, PALAKKAD. BY ADV. SRI.P.R.RAJA RESPONDENT(S): RESPONDENTS /COMPLAINANT STATE ----------------------------------------------- 1. PRABULDAS, S/O. KUNJUVELU, ATTANCHERI KALATHIL, THATHAMANGALAM VILLAGE, CHITTUR TALUK, PALAKKAD. 678 680. 2. STATE, REPRESENTED BY PUBLIC PROSECURTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.T.K.SANDEEP R2 BY PUBLIC PROSECURTOR SRI.T.R.RAJESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl. R.P No.1755 OF 2011 ----------------------------------------- Dated this the 9th day of November 2011 ORDER 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. 1st respondent/complainant has entered appearance. 2. Counsel for petitioner submits that he has no challenge against the conviction, but, only against the substantive term of imprisonment imposed, with a request to be made for grant of one month time to pay the amount outstanding, for discharging the liability under the dishonoured cheque. A sum of `.50,000/- has already been paid under two part payments and the receipts thereof produced in the revision, submits the counsel. The counsel appearing for the respondent, acknowledging the receipt of `.50,000/- towards the part of the compensation fixed and awarded, submits that he has no objection in providing reasonable time for payment of the balance sum due. Having regard to the submissions made by the counsel on both sides, taking note that for the offence under Section 138 of the NI Act, I find, the period of imprisonment fixed against the petitioner can be reduced to imprisonment till the rising of the court. A sum of `.50,000/- out of the sum of `.1,75,000/- Crl. R.P No.1755 OF 2011 2 fixed as compensation, it is submitted by both sides, has already been paid by the accused. So, the balance amount due under the compensation is `.1,25,000/-. Time sought for payment of that sum, one month, is found to be reasonable and hence can be granted. 3. Affirming the conviction, sentence imposed against the accused is modified and reduced to imprisonment till the rising of the court, directing him to pay compensation of `.1,25,000/- with default term of simple imprisonment for two months. Petitioner 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 the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge