IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Crl.Rev.Pet.No. 2503 of 2010() ------------------------------ (CRA.716/2009 of ADDL. SESSIONS COURT (ADHOC-II), ERNAKULAM CC.614/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI) .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------------------------------- B.SANTHAKUMARI, AGED 62 YEARS, W/O.RAMACHANDRA MENON, C.C.4/750, WEST SIDE OF T.D.SCHOOL, KOCHI-682 002. BY ADV. SRI.K.C.ELDHO RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT --------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.T.THOMAS, S/O.THUMMI, MANGALATH HOUSE, OCHANTHURUTH.P.O., PUTHUVYPE VILLAGE, PIN-682 508. R1 BY PUBLIC PROSECUTOR, SRI.V.TEK CHAND R2 BY ADV. SRI.K.A.ANTONY SHELMAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 2503 of 2010 --------------------------------------------- Dated this the 21stday of February, 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 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. 3. 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 Crl.R.PNO.2503 of 2010 :-2-: below. Accordingly, while confirming the sentence of imprisonment, the direction for payment of compensation, the compensation amount and default sentence ordered by the appellate court,the petitioner is granted forty five days 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 appellate court will be attracted only if there is any failure on the part of the revision petitioner in paying the compensation amount within 45 days time from today. 4. Learned counsel for the revision petitioner submitted that the petitioner had already deposited a sum of `.50,000/- in the trial court and the same may be given credit to the compensation amount. It is made clear that if an amount of `.50,000/- has already been deposited by the revision petitioner in the trial court as submitted by the learned counsel and the said amount is retained in the trial court, the revision petitioner is entitled to get credit of that amount and Crl.R.PNO.2503 of 2010 :-3-: he needs to further deposit a sum of `.2,50,000/-only towards the compensation amount. 5. Accordingly, the revision petitioner is directed to appear before the trial court on 6th April,2011 to receive the sentence of imprisonment fixed by the appellate court and to pay the compensation 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 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 and for realisation of the compensation amount. It is made clear that the petitioner is free to pay the compensation amount to the complainant either paying directly to the complainant or by remitting the same in the trial court whichever subject to the satisfaction of the learned Magistrate. Coercive steps, if any, pending Crl.R.PNO.2503 of 2010 :-4-: against the revision petitioner shall be deferred till 6th April,2011. V.K.MOHANAN, Judge. MBS/