IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Crl.Rev.Pet.No. 2552 of 2010(D) ----------------------------------------- CRA.542/2009 of ADDL.SESSIONS COURT, KOZHIKODE ST.742/2008 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE COURT, KOZHIKODE. .................... REVISION PETITIONER / ACCUSED:- ----------------------------------------------------- ENUDEEN KUTTY, S/O. KUNHALAVI, PALLIYALI HOUSE, ARIYALLOOR.P.O., THIRURANGADI, MALAPPURAM DISTRICT. BY ADVS. SRI.SIRAJ KAROLY SMT.R.RAJASREE RESPONDENTS / COMPLAINANT AND STATE :- -------------------------------------------------------------------- 1. M/S. APPOLLO GOLD HOUSE, MARKAZ COMMERCIAL COMPLEX, I.G.ROAD, CALICUT-673004. REP. BY R.SADARUDHEEN, 42 YEARS, SON OF KUNHIPAKKI HAJI, RAYAROTH HOUSE, ARIKKULAM.P.O., KOYILANDY, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.JACOB SEBASTIAN R2 BY PUBLIC PROSECUTOR SMT. SEENA R. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 2552 of 2010(D) APPENDIX REVISION PETITIONER'S ANNEXURES: ANNEXURE 1 : COPY OF THE ACKNOWLEDGEMENT FOR RECEIPT OF MONEY ISSUED BY THE SPECIAL JUDICIAL I CLASS MAGISTRATE, (MARAD CASES), KOZHIKODE. RESPONDENTS' ANNEXURES: NIL. TRUE COPY P.A. TO JUDGE DMR/- S.S.SATHEESACHANDRAN, J -------------------------------------- Crl. R.P No.2552 OF 2010 ----------------------------------------- Dated this the 9th day of November 2011 ORDER Revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, 'NI Act'), concurrently, by the two courts below. Sentence imposed against the accused, as modified by the learned sessions Judge in appeal, is imprisonment till the rising of the court with direction to pay compensation of `.2,86,844/-, the cheque amount, to the complainant with default term of simple imprisonment for 90 days. 2. Notice given, the 1st respondent/complainant has entered appearance. 3. The learned counsel for the petitioner submits that he has no arguments on merits to assail the conviction and sentence, but, only a request to be made for grant of six months time to pay the compensation and, thus, avoid the default term of imprisonment. During the pendency of the revision, pursuant to orders passed by this court, it is submitted, a sum of `.50,000/- has been deposited before the court below towards the compensation awarded, to satisfy the condition imposed for suspension of sentence. To pay the balance amount of the compensation, petitioner/accused requires Crl. R.P No.2552 OF 2010 2 some time, a period of six months, submits the counsel. The learned counsel for the 1st respondent/complainant has no objection in granting reasonable time for payment of the balance sum as deemed fit and proper by this court. 4. Affirming the conviction and sentence, petitioner is directed to appear before the magistrate on 15-02-2012 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. Any amount deposited by the petitioner towards the compensation shall be given credit to in the sum fixed thereof. The magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for his appearance, to enable him to pay the compensation within such period. 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