2025:KER:27580 Crl.R.P.No.690/2019 -:1:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.REV.PET NO. 690 OF 2019 AGAINST THE JUDGMENT DATED 05.03.2019 IN CRL.A NO.16 OF 2017 OF DISTRICT & SESSIONS COURT, ALAPPUZHA ARISING OUT OF THE JUDGMENT DATED 22.09.2016 IN CC NO.3318 OF 2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS,AMBALAPUZHA PETITIONER/APPELLANT/ACCUSED: SUBI BALAN @ SUBI VISHNU DAS, W/O. VISHNU DAS, AGED 30 YEARS, PUTHENCHIRA, KARUMADY, AMBALAPPUZHA BY ADVS.SREEDHAR RAVINDRAN SMT.LAKSHMI RAMADAS RESPONDENTS/ RESPONDENTS/ COMPLAINANT : 1 RAJENDRAN, AGED 48 YEARS, S/O.SUBRAMANYAN ACHARI, MULAPPAN MADOM WARD NO.10, AMBALAPUZHA SOUTH PANCHAYATH-688 561 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31 BY ADVS. SRI.PADMALAYAN.P.P. SRI.P.RAHIM SRI.P.A.JOSEPH (J-1448) SRI. SANGEETHARAJ N.R., PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27580 Crl.R.P.No.690/2019 -:2:- O R D E R This revision is directed against the judgment rendered by the Sessions Court, Alappuzha, in Crl.A.No.16/2017 confirming the conviction of the petitioner for the commission of offence under Section 138 of the Negotiable Instruments Act, 1881 (in short, 'NI Act'), and passing a modified sentence directing payment of fine of Rs.4,50,000/- with a default clause of Simple Imprisonment for four months. The aforesaid fine was ordered to be paid to the de facto complainant/first respondent. 2. When the matter is taken up for consideration today, the learned counsel for the petitioner submitted that the only request of the petitioner is to grant a reasonable time for making payment of the fine amount imposed by the Appellate Court. It is thus submitted that, a period of six months may be granted for complying with the direction of the Appellate Court regarding the remittance of fine. 3. The learned counsel for the first respondent submitted that the issue relates to the dishonour of a cheque dated 05.03.2013, and that a period of six months is too long and would cause hardship to the de facto complainant. 2025:KER:27580 Crl.R.P.No.690/2019 -:3:- 4. Having regard to the facts and circumstances of the case, I am of the view that the petitioner/accused has to be granted four months' time for making payment of the fine amount, in accordance with the judgment of the Sessions Court, Alappuzha, in Crl.A.No.16/2017. Accordingly, the revision stands disposed of as follows: (i) The concurrent findings of the Trial Court as well as the Appellate Court convicting the petitioner for the commission of offence under Section 138 of the NI Act, are hereby confirmed. (ii) The sentence awarded by the Appellate Court as per the judgment dated 05.03.2019 in Crl.A.No.16/2017 is also upheld, subject to the modification that the petitioner is given time till 01.08.2025, for making payment of the fine amount as directed in the aforesaid judgment. (Sd/-) G.GIRISH, JUDGE DST //True copy// P.A.To Judge