IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Crl.Rev.Pet.No. 2383 of 2011() ------------------------------------------- CRA.289/2006 of ADDL.SESSIONS COURT, THALASSERY STC.317/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------------------------------------------ P.C. AHAMAD, S/O.UMMERKUTTY, AGED 63 YEARS, 'MILAN', NEAR CONOR VAYAL, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------------------------------------------------- 1. VIVEK A.K., S/O. HARI, CONTRACTOR, AGED 36 YEARS, 'DEVI', MUZHAPPILANGAD AMSOM DESOM, KANNUR DISTRICT- 670 001. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. K.RAMESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J -------------------------------------- Crl. R.P No.2383 OF 2011 ----------------------------------------- Dated this the 11th 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, NI Act), concurrently, by the two inferior courts. Sentence imposed against the accused, as modified by the learned Sessions Judge in appeal, is imprisonment till the rising of the court directing payment of `.70,000/- as compensation to the complainant with default term of simple imprisonment for one month. Feeling aggrieved, the accused has preferred this revision. 2. 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 for grant of six months time to pay the compensation and, thus, avoid the default term of imprisonment. Cheque involved in the case is dated 04-09-2005 and the sum covered thereunder is `.70,000/-. The dishonour of that instrument has led to the prosecution and ultimately the conviction of the accused and it has been confirmed by the appellate court also. When such be the case, prima facie, there is no merit in the request made before this court for further extension of time to pay the compensation fixed and awarded. However, taking Crl.R.P. No.2383 OF 2011 2 into account the submissions made by the counsel to extend some more time to the accused to pay the amount, I find, a short period as indicated hereunder can be granted. 3. Affirming the conviction and sentence, the accused is directed to appear before the Magistrate on 12-12-2011 to serve out the substantive term of imprisonment for a day, till the rising of the court, and to report payment of the compensation. The learned Magistrate is directed to keep in abeyance the execution of sentence 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 nonpayment of the compensation, the learned Magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision is disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge