IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 2ND DAY OF DECEMBER 2011/11TH AGRAHAYANA 1933 CRRP.No. 2810 of 2011 ( ) ..................... CRA.548/2008 of II ADDL.D.C.,TRIVANDRUM CC.223/2006 of J.M.F.C.-VI, TRIVANDRUM .................. REVISION PETITIONER(S)/APPELLANT 1 OMANA. S, RESIDING AT SARALAYAM, PANGAPPARA. P.O. THIRUVANANTHAPURAM. BY ADVS. SRI. G. P. SHINOD SRI. RAM MOHAN.G. COMPLAINANT(S)/RESPONDENTS 1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKLUAM – 682 031. 2 SUNDARESAN. K, S/O. KESAVAN, JAYA NIVAS GANDHIPURAM ROAD SREEKARIYAM.P.O THIRUVANANTHAPURAM – 695 017. BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02-12-2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN S.S.SATHEESACHANDRAN, J. ----------------------------------------------- Crl.R.P.No.2810 of 2011 ----------------------------------------------- Dated this the 2nd day of December, 2011 O R D E R Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, 1881 {for short ‘the Act’} concurrently by two courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal is imprisonment till the rising of the court, with direction to pay compensation of Rs.1,55,000/- to the complainant with default term of simple imprisonment for three months. 2. The revision coming up for consideration today, the learned counsel for the petitioner/accused submitted that he has no arguments on merits to assail the conviction, but only a request to be be made for grant of some more Crl.R.P.No.2810 of 2011 :: 2 :: time for payment of the compensation, and thus, avoid the default term of imprisonment. 3. Considering the submissions made pointing out the extenuating circumstance available in favour of the accused, I find a short period, as indicated hereunder, can be provided to enable him to pay the compensation, and, thus avoid the default term of imprisonment. 4. Affirming the conviction and sentence the accused is directed to appear before the magistrate on 15.02.2012, to serve out the imprisonment till the rising of the court and to report the payment of compensation. The magistrate shall keep in abeyance the execution of the 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 non- Crl.R.P.No.2810 of 2011 :: 3 :: payment of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of as above. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. to Judge.