IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.Rev.Pet.No. 2436 of 2011() ------------------------------ CRA.217/2010 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA ST.1776/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT- II,PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANT ------------------------------ N.S. SREEKUMAR, NIRAVUPURATIDATH HOUSE, MYLAPRA.P.O, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): COMPLAINANT -------------------------- 1. THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER - 689 645. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. PUBLIC PROSECUTOR SMT.SEENA.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pm S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P.No. 2436 of 2011 --------------------------------------------- Dated this the 19th day of October, 2011 ORDER Revision is by the accused in a cheque case who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, (for short the N.I.Act), concurrently by the two Courts below. Sentence imposed against the accused as modified by the Sessions Judge in appeal, is imprisonment till rising of the court with direction to pay compensation of Rs.23,909/- with default term of simple imprisonment for three months. 2. When the revision came up for consideration, the learned counsel for the revision petitioner/accused submitted that, he has no arguments on merits to assail the conviction and sentence, but only a request for grant of two weeks time to pay off the compensation and thus avoid the default term of imprisonment. I find, submissions made as above by the counsel deserve merit and consideration. As there is no challenge against conviction and sentence no dilation thereof with reference to the judgments rendered by the two courts below is called for. 3. Affirming the conviction and retaining the sentence of Crl.R.P.No. 2436 of 2011 2 imprisonment and compensation default term of imprisonment is reduced to one month. Petitioner is directed to appear before the Magistrate on 21.11.2011 to serve out the imprisonment till the rising of the court and to report the payment of compensation. The Magistrate is directed to keep in abeyance the execution of the sentence against the accused 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 disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge