IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 Crl.Rev.Pet.No. 368 of 2011() ------------------------------------- C RA.353/2007 of ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM ST.679/2006 of JUDIIAL FIRST CLASS MAGISTRATE COURT -VI, TRIVANDRUM .............................. REVISION PETITIONER(S)/ APPELLANT/ACCUSED: ------------------------------------------------------------------------- B.RADHAKRISHNA PILLAI, PROPRIETOR, KB VILASOM CASHEW FACTORY, KB VILASOM, THEVANNOOR, AYOOR, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S)/ COMPLAINANT/STATE: ----------------------------------------------------------- 1. S. SWARASWATHY, THOPPIL BUNGLOW, TC 31/1084, PARAKUDY LANE, PETTAH, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 368 of 2011 --------------------------------------------- Dated this the 9th day of February, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount to the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that three months' time can be granted to the revision petitioner, but the interest of the complainant has also to be protected. 3. In the result, this Criminal Revision Petition is Crl.R.P.No.368 of 2011 :-2-: 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 as modified and fixed by the appellate court, the revision petitioner is directed to pay a sum of Rs.2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) to the complainant as compensation under Section 357(3) of the Cr.P.C. within three months from today and in default, the revision petitioner is directed to undergo simple imprisonment for a further period of two months. Accordingly, the revision petitioner is directed to appear before the trial court on 9th May,2011 to receive the modified sentence fixed by the appellate court and to pay the above enhanced compensation amount. If there is any failure on the part of the revision petitioner to receive the sentence and to pay the enhanced compensation amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to Crl.R.P.No.368 of 2011 :-3-: execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 9th May,2011. V.K.MOHANAN, Judge. MBS/ Crl.R.P.No.368 of 2011 :-4-: As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to revision petitioner to pay the compensation amount. In the light of the facts and circumstances of the case, I am of the view that the said submission requires positive consideration. The cheque in question is dated 2.4.2004 that too for an amount of Rs.43,000/-. The trial court though sentenced the revision petitioner to undergo six months simple imprisonment, the appellate court reduced the same to one day simple imprisonment. Having regard to the above facts and circumstances and in the light of the decision reported ........., I am of the view that while granting some time, the compensation amount can be enhanced. In the result, this Criminal Revision Petition 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 as modified and fixed by the appellate court, the revision petitioner is directed to pay a sum of RS.60,500/- to the Crl.R.P.No.368 of 2011 :-5-: complainant as compensation under Section 357(3) of the CrP.C. within three months from today and in default, the revision petitioner is directed to undergo simple imprisonment for a period of three months. Accordingly, the revision petitioner is directed to