IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Crl.Rev.Pet.No. 3238 of 2010() ------------------------------------ CRA.111/2009 of ADDL.SESSIONS COURT (ADHOC), KOTTAYAM ST.184/2007 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------- ZAKIR HUSSAIN, AGED 44, S/O.PAREETHU, CHOTHIKUNNATHU HOUSE, VADAKARA P.O., VELLOOR VILLAGE, VAIKOM. BY ADVS. SRI.E.M.MURUGAN SRI.K.A.RIYAS RESPONDENT(S): RESPONDENTS/COMPLAINANT/STATE ------------------------------------------------------------------ 1. P.SIVADAS (FOR MIDUKKI ENTERPRISES, VAIKOM) MANIKKATHU HOUSE, NADUVELE MURI, KIZHAKKUMCHERRY, NADUVELI VILLAGE, (PROPRIETOR MIDUKKI ENTERPRISES). PIN - 686 141. 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.P.N.SUMANGALA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3238 of 2010 ------------------------------- Dated this the 15th day of November, 2010. O R D E R The accused in a prosecution for an offence u/s.138 of Negotiable Instruments Act is the revision petitioner, as he is aggrieved by the order of conviction and sentence imposed by the courts below. 2. The counsel for the revision petitioner submitted that the revision petitioner has no contention on merit but he require some time to pay the fine amount. 3. Having regard to the facts and circumstances involved in the case, I find no reason to deny the above request and while granting some time to pay the fine, the amount can be enhanced slightly considering the fact that the cheque in question is dated 2.12.2006 that too for an amount of Rs.19,000/- and the said amount is with the revision petitioner for the last 4 years, though the same belong to the complainant. In the result, this revision petition is disposed of confirming 2 Crl. R.P.No.3238 of 2010 the conviction against the revision petitioner u/s.138 of Negotiable Instruments Act as recorded by the courts below. Accordingly, while confirming the sentence of imprisonment ordered by the appellate court, the revision petitioner is directed to pay a fine of Rs.23,275/-, within 3 months from today and in case of default in paying the fine amount within the stipulated time, the revision petitioner is directed to undergo simple imprisonment for 1 month. Thus, the revision petitioner is directed to appear before the trial court on 15.2.2011, to receive the sentence of imprisonment and to pay the fine amount as directed by this court. In case, any failure on the part of the revision petitioner in appearing before the court below as directed above and in paying the fine amount, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence awarded against the revision petitioner. On realisation of the fine amount, a sum of Rs.22,000/- shall be paid to the complainant as compensation u/s.357(1)(b) of Cr.P.C. and the remaining amount shall be 3 Crl. R.P.No.3238 of 2010 deposited in the State Exchequer. The execution of warrant if any, pending against the revision petitioner shall be deferred till 15.2.2011. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/