IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.Rev.Pet.No. 949 of 2011() ----------------------------- CRA.579/2009 of ADDL.SESSIONS COURT, N. PARAVUR CC.513/2006 of JUDICIAL MAGISTRATE OF FIRST CLASS - III, ALUVA .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- BABU.S., AGED 50 YEARS, FATHIMA MANZIL, PUTHUCHIRA, OMAYAMALLOR.P.O., KOLLAM DISTRICT. BY ADV. SRI.C.D.JOHNY SRI.P.SHAIJAN JOSEPH RESPONDENTS: COMPLAINANT --------------------- 1. JAFFER.C.M., CHETTIYALIL HOUSE, H.M.T. COLONY.P.O., KALAMASSERY, ERNAKULAM DISTRICT-682024. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY P.P. SRI V. TEK CHAND. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K. MOHANAN, J. --------------------------------------------- Crl.R.P.No. 949 of 2011 --------------------------------------------- Dated this the 7th day of April, 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. 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 fine amount ordered by the trial court and confirmed by the appellate court. Having regard to the facts and circumstances of the case, I am of the view that forty five (45) days time can be granted to the petitioner to pay the fine amount. 3. In this juncture, it is relevant to note that neither in the trial court judgment nor in the appellate court judgment, no provision is made to compensate the complainant though both the courts below have found that the amount covered by the cheque in question is due to the complainant. CRRP NO. 949/11 2 Counsel for the petitioner submitted that the petitioner has no objection in issuing a direction to pay the amount of fine, on realisation, to the complainant as compensation under section 357(1)(b) Cr.P.C. 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 to pay fine amount and default sentence ordered by the courts below, the petitioner is granted forty five days time to pay the fine amount and it is made clear that the default sentence fixed by the courts below will be attracted only if there is any failure on the part of the revision petitioner to pay the fine amount within 45 days time from today. Accordingly, the revision petitioner is directed to deposit the fine amount in the trial court on or before 20th May, 2011. In case of any failure on the part of the revision petitioner in depositing the fine amount within the above period, the trial court is free to take CRRP NO. 949/11 3 coercive steps to secure the presence of the revision petitioner and to execute the sentence. On realisation of the fine amount, the entire amount shall be paid to the complainant as compensation under section 357(1)(b) Cr.P.C. Coercive steps, if any, pending against the revision petitioner shall be deferred till 20th May, 2011. V.K.MOHANAN, Judge. kvm/-