IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Crl.Rev.Pet.No. 1640 of 2011() ------------------------------ CRA.83/2010 of SESSIONS COURT, KASARAGOD SC.108/2009 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- RABIYA, AGED 45 YEARS, W/O.MUHAMMADKUNHI, ORAVANKARA HOUSE, KIZHOOR, CHANDRAGIRI P.O., KALANAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: STATE & COMPLAINANT: ----------------------------------- 1. THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KUMARAN.V.V., AGED 45 YEARS, S/O.KANNAN, KOOLIKKUNNU, ANINHA, BARA VILLAGE, BARA P.O., KASARAGOD DISTRICT. R1 BY P.P. SMT. REKHA C. NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1640 of 2011 --------------------------------------------- Dated this the 29th day of June, 2011 O R D E R The challenge in this Crl.R.P is against the conviction and sentence imposed against the revision petitioner under Section 138 of the N.I.Act. 2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the compensation amount as ordered by the courts below. Having regard to the facts and circumstances of the case, I am of the view that forty five (45) days time can be granted to the petitioner to pay the compensation amount. In the result, this Criminal 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 imprisonment, the direction to pay compensation and default sentence ordered by the courts below, the petitioner is granted forty five days time to pay Crl.R.PNO. 1640 of 2011 :-2-: the compensation amount to the complainant under Section 357(3) of the Cr.P.C and it is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to pay the compensation amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 12th August, 2011 to receive the sentence and to pay the compensation amount. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to pay the compensation amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 12th August, 2011. V.K.MOHANAN, Judge. kvm/- Crl.R.PNO. 1640 of 2011 :-3-: