IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 6TH DAY OF DECEMBER 2011/15TH AGRAHAYANA 1933 CRRP.No. 2877 of 2011 ( ) CRIMINAL APPEAL NO.181/2009 OF ADDITIONAL DISTRICT & SESSIONS COURT(AD HOC) FAST TRACK COURT -II, PATHANAMTHITT. ST NO.1339/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PATHANAMTHITTA. -------------------------- REVISION PETITIONER/APPELLANT/ACCUSED: 1 K.S.BASHEER, S/O.SUALAIMAN RAWTHER, PROPRIETOR, KERALA FABRICS, KAKKAKKUZHIYIL, THONNALLOOR, PANDALAM. BY ADV.SRI.S.MUHAMMED HANEEFF SRI. R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS/COMPLAINANT: 1 SHAJI P.V.,MEMANA HOUSE, PULLAD P.O., PATHANAMTHITTA DIST., (PROPRIETOR MEMENA CHITS AND FINANCIERS PULLAD)REP.BY POWER OF ATTRONEY HOLDER A.S.PRADEEPKUMAR, S/O.SANKARAN NAIR, SREENILAYAM, PULLAD P.O. PATHANAMTHITA DIST-689 548 2 STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SHRI T.R. RAJESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06-12-2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SKV S.S.SATHEESACHANDRAN, J. ----------------------------------------------- Crl.R.P.No.2877 of 2011 ----------------------------------------------- Dated this the 6th day of December, 2011 O R D E R Challenge in the 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 affirmed by the Sessions Judge in appeal is imprisonment till the rising of the court with direction to pay compensation of Rs.50,000/- with default term of simple imprisonment for three month more. 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 and sentence, but only a request for grant of four months' time to pay the compensation and thus, to avoid the default term of imprisonment. Crl.R.P.No.2877 of 2011 :: 2 :: 3. Cheque involved in the case is dated 12.05.2007 and the amount covered by that instrument is Rs.60,000/-. During the pendency of the proceedings, the accused paid Rs.10,000/- due on the cheque amount and that being taken note, compensation was fixed at Rs.50,000/- while directing him to undergo imprisonment till the rising of the court as well, on his conviction for the offence under Section 138 of the Act. The period of time requested for by the counsel to pay the compensation fixed and awarded by the court, in view of the time lag after the commencement of the prosecution cannot be granted. However, taking into account the submissions made by the counsel pointing out the extenuating circumstances available in favour of the accused, I find, a short time, as indicated hereunder, can be provided for payment of such compensation. Crl.R.P.No.2877 of 2011 :: 3 :: 4. Affirming the conviction and sentence, the petitioner/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-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.