IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 Crl.Rev.Pet.No. 476 of 2011() ----------------------------------------- CRA.560/2009 of 1 ADDL. SESSIONS COURT, THRISSUR CC.747/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------- BAIJA MOHANAN, AGED 39 YEARS, W/O.P.R.MOHANAN, CHEMBUCHIRA P.O. KODAKARA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------- 1. SHAIJU K.J., AGED 39 YEARS,S/O.JOSE, KANIMANGALATHUKARAN HOUSE, CHIYYARAM DESOM, THRISSUR - 680 609 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R2 BY PUBLIC PROSECUTOR SMT.REKHA C. NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J. -------------------------------------------- Crl. R.P. No. 476 OF 2011 -------------------------------------------- Dated 22nd day of February , 2011 ORDER The challenge in this Crl.R.P. is against the conviction and sentence imposed against the revision petitioner under section 138 of the Negotiable Instruments Act as per the impugned judgments. 2. As this court is not inclined to interfere with the order of conviction, the learned counsel submitted that a breathing time may be granted to the revision petitioner to pay the compensation amount fixed by the courts below. Having regard to the facts and circumstances involved in the case, I am of the view that 45 days time can be granted to the revision petitioner to pay the compensation amount. In the result, this Crl.R.P is disposed of confirming the conviction of the revision petitioner under section 138 of the NI Act recorded by the courts below. Accordingly, while confirming the sentence of imprisonment, the direction to pay compensation and the compensation amount and also the default sentence as fixed by the appellate court, the revision CRL.R.P.476/11 :-2-: petitioner is granted 45 days time to pay the compensation amount. It is made clear at that the default sentence fixed by the appellate court will be attracted only case of default on the the part of the revision petitioner in paying the compensation within 45 days time. Accordingly, the revision petitioner is directed to appear before the trial court on 8th April, 2011 to receive the sentence and to pay a compensation amount. If there is any default on the part of the revision petitioner in appearing before the trial court on the above date and paying the amount, 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 amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 8th April , 2011. This Crl.R.P is disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.R.P.476/11 :-3-: kvm/- kvm/- V.K.MOHANAN, JUDGE. kvm/-