IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Crl.Rev.Pet.No. 114 of 2008() ----------------------------- CRA.505/2006 of SESSIONS COURT, TRIVANDRUM ST.80/2005 of J.F.C.M-IX, THIRUVANANTHAPURAM .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------- S.A. PRASAD, CLERK, MECHANICAL BRANCH, SENIOR BRANCH, SENIOR DIVISIONAL MECHANICAL ENGINEERS OFFICE, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. R. KARTHIKEYAN, T.C.14/1663, VAZHUTHAKKADU, THIRUVANANTHAPURAM-14. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON 17/01/2008 PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.R.P.No.114 of 2008 ---------------------------------------- Dated this the 17th day of January 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He faces a sentence of imprisonment till rising of court and to pay an amount of Rs.60,000/- as compensation and in default to undergo S.I for a period of three months. 2. The learned counsel for the petitioner submits that the petitioner does not want to assail the verdict of guilty, conviction and sentence but prays that a short breathing time may be granted to the petitioner to raise and make the payment of compensation and thus avoid the default sentence. The petitioner was directed by the learned Sessions Judge to appear before the court below on 27/10/2007 to receive the sentence. 3. I do not really find any merit in the prayer for extension of time. However, I am satisfied that a short breathing time can be given to the petitioner to make the payment and avoid the default sentence. The petitioner prays for a month's further time. Crl.R.P.No.114/08 2 4. This revision petition is in these circumstances dismissed but with the direction that the sentence shall not be executed till 16/02/2008. On or before that date, the petitioner must appear before the learned Magistrate to undergo the impugned sentence. (R.BASANT, JUDGE) jsr Crl.R.P.No.114/08 3 R.BASANT, J Crl.R.P.No.114/08 4 Crl.M.A.Nos.21 & 65 of 2008 in Crl.R.P.No.765 of 2007 ORDER 17th DAY OF JANUARY 2008