IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 Crl.Rev.Pet.No. 956 of 2011() ----------------------------- CRA.490/2008 of ADDL SESSIONS COURT, KOTTAYAM ST.277/2007 of .................... REVN. PETITIONERS: PETITIONER/ACCUSED --------------------------------------- RAMESH KUMAR, AGED 50 YEARS, THADATHIVILA VEEDU, PAVITHRESWARAM.P.O, PUTHOOR, KOLLAM DISTRICT. BY ADV. SRI.SOORANAD S.SREEKUMAR RESPONDENTS: COMPLAINANTS --------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. P.G.KOSHY PANICKER,PROPRIETOR, PUSHPAMANGALATHU FINANCIERS & CHITTY FUNDS, HOSPITAL JUNCTION,KUNDARA REPRESENTED BY POWER OF ATTORNEY HOLDER C.RAVEENDRAN PILLAI,ADITHYA BHAVAN PERAYAM, MULAVANA, KOLLAM. R1 BY P.P. SMT. REKHA C. NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 956 of 2011 --------------------------------------------- Dated this the 11th day of April, 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 appellate court 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 Crl.R.PNO.956 of 2011 :-2-: of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of 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. 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. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence of imprisonment fixed by the appellate court and to pay the fine amount as ordered against him by the appellate court on 27th May,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 fine amount on the above date, the trial court is free to take coercive steps to secure the Crl.R.PNO.956 of 2011 :-3-: presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 27th May,2011. V.K.MOHANAN, Judge. kvm/