IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Crl.Rev.Pet.No. 803 of 2011() ----------------------------- CRA.78/2009 of I ADDL.SESSIONS COURT, KOZHIKODE CC.73/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... REVN. PETITIONERS ----------------------------- SUDHARSAN K.C., S/O. CHANDRASEKHARAN, KONNAKKAL HOUSE, CHOOTHUPARA, KENICHIRA, WYNAD DISTRICT. BY ADV. SRI.DEVAPRASANTH.P.J. RESPONDENS: --------------- 1. VISWANATHAN K.C., S/O. DAMODARAKURUP, ASWIN HOUSE, VATTOLI BASAR, BALUSSERI, KOZHIKODE - PIN 673003. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA PY PUBLIC PROSECUTOR, SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------------ Crl.R.P. No.803 of 2011 ---------------------------------------- Dated the 18th Day of March 2011 ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed on the revision petitioner who is the accused in a prosecution for the offence under section 138 of the Negotiable Instruments Act. 2. As this court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that a breathing time may be granted to the revision petitioner to pay the fine amount. Having regard to the facts and circumstances involved in this case, according to me, the above submission requires consideration. 3. In this case, it is relevant to note that the cheque in question is dated 18.9.2006, that too for an amount of Rs.1,50,000/-. Though the trial court imposed a sentence of simple imprisonment for 6 months, the appellate court reduced the same into one day simple imprisonment. As per the findings of the courts below which approved by this Court, the cheque in question is dated 18.9.2006 and thus for the last 4 years, the amount is due to the complainant and, so far, no amount is paid CRRP 803/11 2 in spite of the appellate court judgment dated 21.12.2009 and now the petitioner seeks further time to pay the fine amount. Under the above factual and procedural background, I am of the view that while granting breathing time, the interest of the complainant is also to be protected. 4. In the result, this Crl.R.P is disposed of confirming the conviction of the revision petitioner under section 138 of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, the direction to pay fine, and the default sentence, as ordered by the appellate court, the fine amount is enhanced to the tune of Rs.1,80,000/-, which shall be deposited within three months from today and in default he is directed to undergo simple imprisonment for a period of 4 months as directed by the appellate court. 5. The counsel for the petitioner submitted that the petitioner is arrested and he is in custody and therefore he may be ordered to release on bail so as to enable him to pay the fine amount. If that be so, and if the petitioner is in custody, there will be a direction to the Judicial First Class Magistrate-II, Perambra to release the petitioner on bail for a period of three CRRP 803/11 3 months on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount and on further condition of depositing a sum of Rs.50,000/-(sand only within one month from the date of his release from jail. The petitioner, on his release on complying with the above conditions, he shall deposit the remaining amount of Rs.1,30,000/- within three months from today. On realisation of the entire fine amount, a sum of Rs.1,75,000/- shall be paid to the complainant as compensation under section 357(1)(b) Cr.P.C and the remaining amount of Rs.5000/- shall be deposited in the State Ex chequer. 6. If there is any default on the part of the petitioner in depositing the balance amount of Rs.1,30,000/- within the stipulated period, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the fine amount. This Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRRP 803/11 4