IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Crl.Rev.Pet.No. 1972 of 2011() ------------------------------------------- CRA.547/2009 of SESSIONS COURT, PALAKKAD ST.2381/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------ SHAHUL HAMEED, AGED 35 YEARS, S/O.MUHAMMED, THAMARAKULAM, KANJIKKODE, PALAKKAD DISTRICT. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE ---------------------------------------------------------------------------------------- 1. M.JAYAKUMAR, AGED 26 YEARS, S/O.MOHANRAJ, THAMMANPARA HOUSE, KOVIL PALAYAM, PUDUSSERY, PALAKKAD DISTRICT.678 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.A.R.GANGADAS R2 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1972 OF 2011 -------------------------------- Dated this the 20th day of August 2011 ORDER Revision is by the accused convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two inferior courts. 2. When the revision was taken up for consideration, the learned counsel for the revision petitioner/accused submitted that no arguments on merits is sought to be addressed, but only a request for some more time to pay the compensation awarded and, thus, avoid the default term of imprisonment. Cheque involved in the case is dated 19-09-2007. When that be the case, prima facie the request for further extension of time to pay the compensation is not entertainable. However, taking note of the submissions made by the counsel, a short period can be extended to him to pay the compensation. 3. Petitioner is directed to appear before the Magistrate concerned on 24-10-2011 to serve out the substantive term of imprisonment for one day, till the rising of the court, and to report the payment of compensation. The learned Magistrate is directed to keep Crl.R.P No.1972/2011 - 2 - in abeyance the execution of sentence till the date as above fixed for his appearance. In default of his appearance and nonpayment of the compensation, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge