IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Crl.Rev.Pet.No. 2627 of 2011() ------------------------------ CRA.678/2009 of ADDL. SESSIONS COURT (ADHOC), THRISSUR CC.2152/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... REVN. PETITIONER(S): --------------------- V.K.SIVADASAN , S/O.KARAPPAN, AGED 53 YEARS, VENNEMKOTT HOUSE, VENDIKANGU CHAVAKKAD, THRISSUR. BY ADV. SRI.THOMAS T.VARGHESE SRI.N.SASI SMT.T.M.BINITHA SMT.AFSANA ASHRAF RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. K.P.UNNIKRISHNAN, S/O.PRABHAKARAN KAZHUNGIL HOUSE, KANNOTH PO CHAVAKKAD TALUK, THRISSUR PIN 670 650. PUBLIC PROSECUTOR SRI.T.R.RAJESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN,J. --------------------------------------- Crl.R.P. No. 2627 of 2011 ---------------------------------------- Dated this the 4th day of November, 2011 ORDER Revision is by the accused in a cheque case. He has been convicted for the offence under Section 138 of Negotiable Instrument Act, 1881 (for short ‘the Act”) concurrently by the two courts below. Sentenced imposed against the accused, as modified by the Sessions Judge in appeal, is imprisonment till the rising of court with direction to pay compensation of Rs.1,25,000/-(Rupees One lakh twenty five thousand only) to the complainant with default term of simple imprisonment for three months. 2. When the revision came up for consideration the learned counsel for the petitioner/accused submitted that he has no arguments on merit to assail the conviction and sentence but only a request to be made for grant of four Crl.R.P. No. 2627 of 2011 -2- months time to pay the compensation fixed, and thus avoid the default term of imprisonment. In the light of the submission made as aforesaid no notice to the 2nd respondent/complainant is called for, and it is dispensed with. 3. Cheque involved in the case, the dishonour of which gave rise to the prosecution and ultimately the conviction of accused, is dated 23.06.2007. Sum covered by that instrument is Rs.1,20,300/-(Rupees One lakh twenty thousand three hundred only). Though the compensation awarded is a little bit more than the sum covered by the cheque, the time lag after the commencement of prosecution cannot at all be ignored in considering the request made for further time for payment of compensation. No portion of the compensation fixed has been paid till date. When that be so, prima facie, there is no merit in the Crl.R.P. No. 2627 of 2011 -3- request for seeking further extension of time for payment. However, considering the submissions made by the counsel for the petitioner/accused that he is at present facing severe financial difficulties and if a breathing time is not provided for payment he has no other way but to suffer the default term of simple imprisonment, I find a short period, as indicated hereunder, can be provided for payment of compensation. 4. Affirming the conviction and sentence the accused is directed to appear before the Magistrate on 23.12.2011 to serve out the imprisonment till rising of Court and to report the payment of compensation. The Magistrate is directed to keep in abeyance the execution of 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 compensation Crl.R.P. No. 2627 of 2011 -4- the Magistrate shall execute the sentence taking appropriate steps in accordance with law. The revision is disposed of subject to the above observations. S.S.SATHEESACHANDRAN JUDGE. Kp/-