IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Crl.Rev.Pet.No. 1048 of 2010 (A) ------------------------------ (CRA.586/2008 of ADDL.SESSIONS COURT, (ADHOC-1), ERNAKULAM CC.155/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MUVATTUPUZHA) .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------------------------------- BENS PAUL, AGED 48 YEARS, S/O.PAUL, KOCHERIYIL HOUSE, MANNAMKANDAM, ADIMALI P.O BY ADV. SRI.S.JIJI RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. 2. ELDHOSE SKARIA, S/O.SKARIA, OLICKAL HOUSE, PINDIMARIYA P.O., KOTHAMANGALAM. BY PUBLIC PROSECUTOR, SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.1048 of 2010 ------------------------------- Dated this the 28th day of October, 2010. O R D E R Challenging the conviction and sentence u/s.138 of Negotiable Instruments Act, the accused preferred this revision petition. 2. The counsel for the revision petitioner submitted that the revision petitioner has no contention on merit and he require some time to pay the compensation amount and it is also the submission of the learned counsel that the revision petitioner may be permitted to pay the compensation amount directly to the complainant. I find no reason to deny the above request and while granting 3 months time to pay the compensation, the amount can be enhanced slightly. In the result, this revision petition is disposed of confirming the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment as ordered by the court below, the revision petitioner is directed to pay a sum of Rs.2,40,000/- as compensation to the complainant u/s.357(3) of 2 Crl. R.P.No.1048 of 2010 Cr.P.C.,within 3 months from today. Accordingly the revision petitioner is directed to appear before the trial court on 28.1.2011, to receive the sentence of imprisonment and to pay the compensation amount as directed by this court. It is made clear that the revision petitioner is free to pay the above amount of compensation either directly to the complainant or by remitting the same in the trial court, which ever subject to the satisfaction of the learned Magistrate of the trial court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. The execution of warrant if any, pending against the revision petitioner shall be deferred till 28.1.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/