IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.Rev.Pet.No. 845 of 2011 ------------------------------------ (CRA.672/2009 of ADDL.SESSIONS COURT-III, KOZHIKODE ST.274/2008 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES), KOZHIKODE) .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------- K.T.VIJAYAN, S/O. CHIRUKANDAN, AGED 54 YEARS, MELEPUTHIYOTTIL PARAMBA, NELLIKODE P.O., KOZHIKODE-673 016. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS(S): RESPONDENTS/COMPLAINANT & STATE ------------------------- 1. PRAKASHAN K., S/O. KUNJAPPAN, AGED 48 YEARS, CHEMBAKASSERI MEETHAL HOUSE, KUTHIRAVATTOM P.O., KOZHIKODE-673 016. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.V.TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 845 of 2011 --------------------------------------------- Dated this the 23rd 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 as ordered by the trial court, confirmed by the appellate court. Having regard to the facts and circumstances of the case, I am of the view that one month's time can be granted to the petitioner to pay the compensation amount. 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 Crl.R.PNO.845 of 2011 :-2-: confirming the sentence of imprisonment, the sentence of payment of compensation, the compensation amount and default sentence ordered by the trial court, confirmed by the appellate court, the petitioner is granted one month's 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 trial court, confirmed 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 one month's time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence and to pay the compensation amount on 25h 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 is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Crl.R.PNO.845 of 2011 :-3-: Coercive steps, if any, pending against the revision petitioner shall be deferred till 25th April,2011. V.K.MOHANAN, Judge. MBS/