IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 Crl.Rev.Pet.No. 1352 of 2011() ------------------------------ CRA.246/2009 of III ADDL.SESSIONS COURT, KOLLAM ST.53/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT IV, KOLLAM. .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- SOMALATHA, AGED 45 YEARS, CHAVARIKKAL THODIYIL, CHANDANATHOPU, CHATHINAMKULAM, KARIKKODE, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): RESPONDENTS/COMPLAINANT -------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRABHA, MOOLANKARIKI P.O., KIZHAKKETHIL, KANNIMEL CHERRY, KILIKKOLLOOR, KOLLAM DISTRICT, PIN-691004. R1 BY P.P. SMT. REKHA C. NAYAR. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 1352 of 2011 --------------------------------------------- Dated this the 6th day of June, 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 fixed by the court below and also for receiving the sentence. Having regard to the facts and circumstances of the case, I am of the view that the said submission requires positive consideration and the petitioner can be granted forty five (45) days time. 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 Crl.R.P.NO.1352 of 2011 :-2-: below. Accordingly, while confirming the sentence of imprisonment, the direction to pay fine and default sentence ordered by the appellate court, the petitioner is granted forty five days time to deposit the fine amount and it is made clear that the default sentence fixed by the appellate court will be attracted only if there is any failure on the part of the revision petitioner to deposit the fine amount within 45 days time from today. Accordingly, the revision petitioner is directed to appear before the trial court on 21st July, 2011 to receive the sentence of imprisonment fixed by the appellate court and to deposit the fine amount as ordered against her. On realisation of the fine amount, the same shall be given to the complainant under section 357(1)(b) Cr.P.C. In case of any failure on the part of the revision petitioner in appearing before the trial court to receive the sentence and to deposit 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. Coercive steps, if Crl.R.P.NO.1352 of 2011 :-3-: any, pending against the revision petitioner shall be deferred till 11th July, 2011. KVM/- V.K.MOHANAN, Judge.