IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Crl.Rev.Pet.No. 2053 of 2011() ------------------------------ CRA.311/2010 of ADDL.SESSIONS COURT, KOTTAYAM ST.691/2005 of JFCM-II, PALA .................... REVN. PETITIONER(S): APPELLANT ------------------------------ T.K. VENKITACHALAM, S/O.K.M. KRISHNAN ACHARI, KURIKATTIL HOUSE, KIDANGOOR SOUTH.P.O, KOTTAYAM. BY ADV. SRI.K.N.PADMAKUMAR SRI.GINESH.P. RESPONDENT(S): RESPONDENTS -------------------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., PALA BRANCH, REPRESENTED BY ITS MANAGER, RAJASEKHARAN NAIR, S/O. NARAYANAN NAIR, VADAKKANATTU HOUSE, VALLICHIRA, KOTTAYAM DISTRICT - 686 001. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 BY ADV. SRI.T.A.SHAJI R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2053 OF 2011 ----------------------------------------- Dated this the 2nd day of September 2011 ORDER The revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. On his conviction, the learned Magistrate has sentenced him to undergo simple imprisonment for one month and to pay compensation of `.39268/- with default term of simple imprisonment for 15 days more. The learned Sessions Judge, in appeal, affirmed the conviction, but modified the sentence, limiting it to imprisonment for a day, till the rising of the court, converting the compensation awarded to one of fine and enhancing the default term to a period of one month. Feeling aggrieved, the accused has preferred this revision. 2. Notice given, the 1st respondent/complainant has entered appearance. 3. When the revision was taken up for consideration, the learned counsel for the petitioner submitted that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for some more time to pay the fine amount awarded, to avoid the default term of imprisonment. Crl.R.P No.2053 OF 2011 - 2 - 4. Cheque involved in the case is dated 28-01-2005. The dishonour of that instrument had led to the prosecution and ultimately the conviction of the petitioner/accused. Having regard to the timelag and also the amount covered by the cheque and further taking note that the complainant is a Co-operative Bank, prima facie, there is no merit in the request made by the counsel for further extension of time for paying the fine awarded. However, taking note of the submissions made by the counsel, pointing out the extenuating circumstances in favour of the accused to seek for some more time to pay the fine, time for payment as indicated hereunder can be provided. 5. Affirming the conviction and sentence, the accused is directed to appear before the Magistrate on 24-10-2011 to serve out the substantive term of imprisonment, and to report payment of the fine. Till the date fixed as above for his appearance, the learned Magistrate is directed to keep in abeyance the execution of sentence, to provide the accused time to effect the payment of the fine within such time. In default of his appearance and nonpayment of the fine, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. vdv S.S.SATHEESACHANDRAN, JUDGE