IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.Rev.Pet.No. 2354 of 2011() ------------------------------ CRA.982/2009 of ADDL. SESSIONS COURT (ADHOC-2), THRISSUR CC.1090/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVN. PETITIONER/APPELLANT/ACCUSED -------------------------------------- MRS.AMBIKA VISHNUPRAKASH, W/O.VISHNUPARAKASH, PALLIKARA HOUSE, KILLIMANGALAM, THALAPPILLI TALUK, NOW RESIDING AT 'SREESAILAM', ADIYAMA ROAD, SURYA NAGAR, KUTTUMUK, RAMAVARAMAPURAM P.O., THRISSUR. BY ADV. SRI.B.K.PURUSHOTHAMAN RESPONDENT/ RESPONDENT/COMPLAINANT,STATE -------------------------------------------- 1. M/S.VAHANAYOGAM MOTOR CREDITS JAMMU, MARAR ROAD, THRISSUR TOWN REPRESENTED BY MANAGING PARTNER, SREENIVAS, S/O.NARAYANAN, SREEMADAM HOUSE, PARAPPUKARA, MUKUNDAPURAM TALUK.-680310 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.SEENA R. R1 BY ADV. SRI.DILIP J. AKKARA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------------- Crl.R.P. No.2354 of 2011 --------------------------------------------- Dated this the 13th day of October, 2011 ORDER Revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short N.I.Act), concurrently, by the two courts below. 2. Notice given, the first respondent/complainant has entered appearance. 3. When the revision came up for consideration the learned counsel for the petitioner/accused submitted that he has no arguments on merits to assail the conviction and sentence, but only a request to be made for grant of some more time to pay the compensation and thus avoid the default term of imprisonment. Taking note of the submissions made as above and also looking into the judgments rendered by both the Courts below, I find that affirming the conviction and sentence, some more time can be granted to the petitioner to pay the compensation. 4. Affirming the conviction and sentence the petitioner is directed to appear before the Magistrate on 12.12.2011 to serve out the imprisonment till rising of the Court and to Crl.R.P. No.2354 of 2011 2 report the payment of the compensation awarded. The Magistrate is directed to keep in abeyance the execution of the sentence against the accused till the date fixed as above for his appearance, to enable him to pay the compensation within such period. In default of his appearance and non payment of the compensation, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- S.S.SATHEESACHANDRAN, JUDGE. Rkc //True Copy// PA to Judge