IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 Crl.Rev.Pet.No. 546 of 2011() ----------------------------- CRA.221/2008 of SESSIONS COURT, THRISSUR ST.1065/2002 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ---------------------------------------------------------------------- K.L.DEVASSY @ K.L.DAVIS, AGED 70 YEARS, S/O.LONAPPAN, KADAVI HOUSE, ANCHERI DESOM, MINI STADIUM ROAD, ANCHERI P.O., THRISSUR DISTRICT. BY ADV. SRI.M.R.DHANIL RESPONDENT(S):RESPONDENTS/ COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. E.K.JOSE, S/O.IMMATTY KOCHAPPU, MISSION QUARTERS, THRISSUR-1. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. REKHA C. NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 546 of 2011 --------------------------------------------- Dated this the 22nd day 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 fine amount fixed by the trial court which is confirmed by the appellate court. 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 one month time. 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. Crl.R.PNO.546 of 2011 :-2-: Accordingly, while confirming the sentence of imprisonment, the direction for payment of fine, the fine amount and default sentence ordered by the trial court, confirmed by the appellate court, the petitioner is granted one month 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 one month time from today. Accordingly, the revision petitioner is directed to appear before the trial court to receive the sentence of imprisonment fixed by the trial court, confirmed by the appellate court and to pay the fine amount as ordered against him on 22nd March,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 presence of the revision petitioner and to execute the sentence. On realisation of the fine amount, the entire amount shall be paid to the complainant as Crl.R.PNO.546 of 2011 :-3-: compensation under Section 357(1)(b) of the Cr.P.C. Coercive steps, if any, pending against the revision petitioner shall be deferred till 22nd March, 2011. MBS/ V.K.MOHANAN, Judge.