IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Crl.Rev.Pet.No. 3370 of 2010() ------------------------------ CRA.346/2007 of ADDL.SESSIONS COURT (ADHOC- I, KASARAGOD CC.665/2006 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONER: ACCUSED ---------------------------- C.ABBAS, AGED 49 YEARS, S/O.MOIDEENKUNHI, C.N.HOUSE, NEAR N.H.ROAD, CHERKALA, CHENGALA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. B.A.MOHAMMED ASHRAF, AGED 45 YEARS, S/O.B.AHAMMED HAJI, RESIDING AT SHEKKI MAHAL, CHALAYANGAD, P.O.KALANAD, KASARAGOD TALUK-671121. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM-682031. ADV. SRI.S.JIJI FOR R1 R2 BY P.P SMT. REKHA C NAYAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P No. 3370 of 2010 ---------------------------------------- Dated the 16th Day of March, 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 NI Act. 2. As this court is not inclined to interfere with the order of conviction, the learned counsel for the revision petitioner submitted that breathing time may be granted to the revision petitioner to pay the fine amount fixed by the appellate court. Having regard to the facts and circumstances involved in the case, I am of the view that the said submission requires positive consideration and accordingly, 45 days time may be granted to the revision petitioner to pay the compensation amount. In the result, this Crl.R.P. is disposed of confirming the conviction of the revision petitioner under section 138 of the Negotiable Instruments Act as ordered by the courts below. Accordingly, the sentence of imprisonment and the direction to pay fine and the fine amount and the default sentence fixed by the appellate court are confirmed. But the petitioner is granted one month time to pay the fine amount. It is made clear that Crl.R.P..No.3370/10 -:2:- the default sentence will be attracted only in case of failure on the part of the revision petitioner in paying the fine amount within one month time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 18th April, 2011 to receive the sentence and to pay the fine amount. If there is any failure on the part of the revision petitioner in appearing and paying the fine the trial court is directed to take coercive steps to secure his presence and to execute the sentence and to realize the amount. Coercive steps if any pending against the revision petitioner shall be deferred till 18.4.2011. This Crl.R.P. is disposed of accordingly. V.K.MOHANAN, JUDGE. kvm/- Crl.R.P..No.3370/10 -:3:-