IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Crl.Rev.Pet.No. 1040 of 2011() ------------------------------ CRA.485/2009 of I ADDL. SESSIONS COURT, PALAKKAD ST.1484/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- K.HARIDAS,S/O.SUBADRAMMA,AGED 40 YEARS, KOTHAYATHU VEEDU,NJNANGATTIRI,OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.S.VIDYASAGAR SRI.K.K.CHANDRADAS RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. THE STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. T.T.ASHRAF,AGED 37 YEARS, S/O.ABOOBACKER HAJI,THATTATHAZHATHU VEEDU PO, NJANGATTIRI,OTTAPPALAM TALUK,PALAKKAD DISTRICT. PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J ------------------------------- Crl.R.P.No.1040 of 2011 ---------------------------------------- Dated this the 28th day of June, 2011 ORDER The challenge in this Crl.R.P is against the conviction and sentence imposed on the revision petitioner, who is the accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act. 2. As this Court is not inclined to interfere with the order of conviction and sentence, the learned counsel for the revision petitioner submitted that the petitioner may be granted sufficient time to compensate the complainant. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted 45 days time to pay the fine amount fixed by the appellate court. In the result, this 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 of fine, fine amount and the default sentence, the petitioner is granted 45 days time from today to pay the fine amount. It is made clear that the default sentence fixed by the courts below will be attracted only in case of default Crl.R.P.No.1040 of 2011 2 in paying the fine amount within 45 days from today. Accordingly, the revision petitioner is directed to deposit the fine amount in the trial court on or before 16.8.2011. If there is any failure on the part of the revision petitioner in depositing the fine amount as directed above, the trial court is free to take coercive steps against the revision petitioner to secure his presence and to execute the sentence and for realisation of the fine amount. Coercive steps, if any, pending against the revision petitioner shall be deferred till 16th August, 2011. V.K.MOHANAN, JUDGE pm/