IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.Rev.Pet.No. 982 of 2011() ----------------------------- CRA.500/2009 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR ST.2748/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, WADAKKANCHERY .................... REVN. PETITIONERS: APPELLANT ------------------------------ GIRIJAN, S/O. RAMAKRISHNAN, CHILLIKKADU HOUSE, NEAR KERALA LAKSHMI MILL, OLARI, PULLAZHI.P.O, THRISSUR. BY ADV. SRI.R.DIVAKARAN RESPONDENTS: RESPONDENT ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SETHUMADHAVAN, A.K. KRISHNAN, ALAPPURATH HOUSE, KUMARANELLUR, WADAKKANCHERRY, THRISSUR. R1 BY P.P. SRI SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 982 of 2011 --------------------------------------------- Dated this the 5th day of April, 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 fine amount as ordered by the appellate court. 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 fine 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 sentence of payment of fine and default sentence ordered by the appellate court, the petitioner is granted forty five days time to pay the fine amount and it is made clear that the default sentence fixed by the trial court will be attracted only if there is any failure on the part of Crl.R.P NO. 982 of 2011 :-2-: the revision petitioner to pay the fine amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 18th May, 2011, to receive the sentence of imprisonment as modified by the appellate court and to pay the fine amount ordered by the trial court and confirmed by the appellate court. 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 fine 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. On realisation of the fine amount, the same shall be given to the complainant as compensation under Section 357(1)(b) Cr.P.C. Coercive steps, if any, pending against the revision petitioner shall be deferred till 18th May, 2011. V.K.MOHANAN, Judge. kvm/- Crl.R.P NO. 982 of 2011 :-3-: