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. 1971 of 2011() ------------------------------------------- CRA.275/2009 of SESSIONS COURT, KASARAGOD CC.203/2009 of THE JUDICIAL FIRST CLASS MAGISTRATE II, (ADDITIONAL MUNSIFF), KASARAGOD. .................... REVN. PETITIONER(S):/APPELLANT/ACCUSED ------------------------------------------------------------------- SIVAPRASAD,AGED 41 YEARS,S/O RAJARAMA BHAT, KASARAGOD TALUK,KASARAGOD DISTRICT, ENMAKAJE VILLAGE. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------- 1. SREE GOKULAM CHITT AND FINANCE CO.(P)LTD REP.BY THE POWER OF ATTORNEY HOLDER,RAJESH.P.V, S/O.POKKAN,KARAKUZHY HOUSE,AJANUR POST, ANANDASRAMAM,KASARAGOD DISTRICT,KASARAGOD. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. R1 BY ADVS. SMT.A.SREEKALA, SRI.K.VINOD KUMAR. 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.1971 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 30-01-2008. 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.1971/2011 - 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