IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.Rev.Pet.No. 362 of 2011() ----------------------------- CRA.572/2006 of I ADDL. SESSIONS COURT, TRIVANDRUM ST.209/2006 of .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------------------------------ THULASI BAI, T.C.14/1395, VAYALIL BHAVAN, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------------------------------------------------- 1. B.ARJUNAN, A.V.BHAVAN, T.C.20/1109, NANASS NAGAR, KARAMANA, THIRUVANANTHAPURAM. 695032 2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, ERNAKULAM. 31 PUBLIC PROSECUTOR SMT.REKHA C NAYAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - Crl.R.P. No. 362 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27 th day of May , 2011 ORDER The accused in a prosecution for the offence under Section 138 of Negotiable Instruments Act is the revision petitioner as she is aggrieved by the order of conviction sentence imposed on her. 2. The learned counsel for petitioner submitted that the petitioner has no contention on merit, but she requires some time to pay the compensation amount fixed by the Court below. Having regard to the facts and circumstances of the case I am of the view that such submission requires positive consideration and petitioner can be granted 45 days time to receive the sentence and to pay the compensation amount. 3. In the result this revision petition s disposed of confirming the conviction and sentence imposed by the trial Court and by the appellate Court. Accordingly, while confirming the sentence and the direction to pay compensation and the default sentence the petitioner is granted 45 days time to pay the compensation amount to the complainant. It is made clear that the Crl.R.P.No.362 of 2011 : 2 : default sentence fixed by the courts below will be attracted only in case of failure on the part of the revision petitioner in paying the compensation amount within the above extended period. Accordingly, the revision petitioner is directed to appear before the trial court on 7.7.2011 to receive the sentence of imprisonment and to pay the compensation amount. It is made clear that the revision petitioner is free to pay the compensation amount either directly to the complainant or by depositing the same in the trial court, whichever subject to the satisfaction of the learned Magistrate. If there is any failure in appearing before the court below and paying the compensation amount, the trial court is free to take coercive steps against the revision petitioner to execute the sentence and to realise the compensation amount. The coercive steps if any pending against the revision petitioner shall not be executed till 7.7.2011. sd/- V.K.MOHANAN, JUDGE. //True copy// P.A. To Judge. kp Crl.R.P.No.362 of 2011 : 3 :