IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.Rev.Pet.No. 1481 of 2011() ------------------------------ CRA.76/2010 of III ADDL.SESSIONS COURT, KOLLAM ST.283/2007 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ---------------------------------------------------------------------- SATHEESAN.V., AGED 51, S/O.VELU ACHARI, KULAKKALAVILA PUTHEN VEEDU, PLAKKAD, ADICHANALLOOR.P.O., KOLLAM. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): RESPONDENT/COMPLAINANT: ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJEEV.R., GEETHANJALI, THATTAMALA, KOLLAM - 691 012. R1 BY PUBLIC PROSECUTOR SRI.V. TEKCHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ----------------------------------------- Crl.R.P. NO.1481 OF 2011 ---------------------------------------- Dated this the 9th day of June, 2011. O R D E R 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 and sentence, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances of the case, I am of the view that the petitioner can be granted 45 days time to pay the fine amount fixed by the appellate court. In the result, this 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, direction to pay fine, the fine amount and Crl.R.P. NO.1481 OF 2011 2 the default sentence, the petitioner is granted 45 days time from today to pay the fine amount. It is made clear that the default sentence fixed by the courts below will be attracted only in case of default in paying the fine amount within 45 days from today. Accordingly, the revision petitioner is directed to appear before the trial court on 25.7.2011 to receive the modified sentence of imprisonment and deposit the fine amount. If there is any failure on the part of the revision petitioner in appearing before the trial court as directed above, 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. On realisation of the fine amount, the same shall be given to the complainant as compensation under Section 357(1) (b) of Cr.P.C. Coercive steps, if any, pending against the revision petitioner shall be deferred till 25th July, 2011. V.K.MOHANAN, JUDGE. mns