IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Crl.Rev.Pet.No. 2851 of 2011 ---------------------------------------- [CRL.A.NO.767/2009 OF ADDL.SESSIONS COURT, (ADHOC-I), ERNAKULAM, CC.NO.1045/2003 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM] .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- P.V.RAVI, AGED 49, PROPRIETOR, M/S.ANUGRAHA AGENCIES, PERUMAN KUDIYIL, CHETTAPPALAM, PULPALLY, WAYANAD. BY ADV. SRI.K.ANTONY JOSEPH. RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. M/S.HARRISON MALAYALAM LIMITED, REGD.OFFICE, BRISTO ROAD, WILLINGTON ISLAND, KOCHI-3, REP.BY ITS ACCOUNTS ASSISTANT SAREESH K.J. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN-682 031. R2 BY PUBLIC PROSECUTOR SMT. KOCHUMOL KODUVATH. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2851 OF 2011 ----------------------------------------- Dated this the 1st day of December 2011 ORDER The revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below. Sentence imposed against him directing him to pay the cheque amount as fine with default term of simple imprisonment for two months, was affirmed by the learned sessions Judge, turning down his appeal. 2. When the revision came up for consideration today, 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 grant of one month time to pay the fine and, thus, avoid the default term of imprisonment. Cheque amount involved in the case is a meagre sum of `.26,869.68 and that alone has been awarded as fine, which, if realised, was directed to be paid as compensation to the complainant. Prosecution over the dishonoured cheque, it is seen, commenced as early in 2003. Prima facie, there is no merit in the request made for further time to pay the fine imposed by the courts below. However, considering the submissions made by the counsel, a short period, as indicated hereunder, can be extended, to avoid the default term of imprisonment imposed on the accused. Crl. R.P No.2851 OF 2011 2 3. Affirming the conviction and sentence, petitioner/accused is granted one month time from today to pay the fine and, thus, avoid the default term of imprisonment. Magistrate is directed to keep in abeyance the execution of sentence till the aforesaid period. In default of payment of fine within the above period, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge