IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.Rev.Pet.No. 1107 of 2011() ------------------------------ CRA.824/2009 of SESSIONS COURT, THIRUVANANTHAPURAM ST.1884/2006 of JFCM COURT-VIII, THIRUVANANTHAPURAM .................... REVN. PETITIONERS: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- RAJESH CHANDRAN.R., SON OF V.RAMACHANDRAN, TOPMAN DRESS MAKERS (TAILORING SHOP), THAKARAPARAMBU, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.NIJOY SMT.C.PRABITHA RESPONDENTS: RESPONDENTS/STATE& COMPLAINANT --------------------------------------------- 1.STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE THIRUVITHAMCORE CO-OPERATIVE SOCIETY LTD., NO.T.1530, SREEKANTESWARAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R2 BY P.P. SRI V. TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1107 of 2011 --------------------------------------------- Dated this the 24th day of May, 2011 O R D E R The challenge in this Crl.R.P. is against the conviction and sentence imposed against the revision petitioner under Section 138 of the N.I.Act. 2. Counsel for the revision petitioner submitted that the petitioner has no contention on merit but he requires some time to pay the fine amount fixed by the courts below. Having regard to the facts and circumstances involved in the case, I am of the view that the said request can be considered positively and one month time can be granted to receive the sentence of imprisonment modified and fixed by the appellate court and to pay the fine amount. 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 and Crl.R.PNO. 1107 of 2011 :-2-: accordingly, the petitioner is granted one month time from today to appear before the trial court to receive the sentence of imprisonment as modified and fixed by the appellate court and to pay the fine amount fixed by the courts below. It is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the fine amount within one month time from today. On realisation of the fine amount, the entire amount shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. Accordingly, the revision petitioner is directed to appear before the trial court on 24th June, 2011 to receive the sentence of imprisonment and to deposit the fine amount. In case of any failure on the part of the revision petitioner in appearing before the trial court on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending Crl.R.PNO. 1107 of 2011 :-3-: against the revision petitioner shall be deferred till 24th June, 2011. V.K.MOHANAN, Judge. KVM/-