IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.Rev.Pet.No. 1892 of 2011() ------------------------------ CRA.670/2008 of SESSIONS COURT, TRIVANDRUM ST.124/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: ------------------------------ K.G. BINDU, D/O KRISHNAMMA, HOUSEKEEPER, M/S. HOTEL CHAITHRAM, K.T.D.C THAMPANOOR, THIRUVANANTHPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S)/RESPONDENTS/STATE AND COMPLAINANT: -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.G. SIVAKUMAR, S/O. GOUTHAMAN, GOWTHAM, T.C 43/525, KAMALESWARAM, MANACAUD.P.O, THIRUVANANTHAPURAM - 695 009. PUBLIC PROSECUTOR SMT.REKHA C. NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.R.P.NO.1892 OF 2011 ----------------------------------- Dated this the 3rd day of August, 2011 O R D E R Revision is by the accused convicted for the offence under Section 138 of the Negotiable Instruments Act, for short, the 'N.I.Act', concurrently by the two inferior courts. When the revision came up for consideration, the learned counsel for the petitioner submitted that no argument on merit is sought to be addressed against the conviction but only a request for time to pay off the compensation and, thus, avoid the default term of imprisonment. Stating that the accused is a lady and a government servant, her counsel seeks three months time to pay off the compensation. Looking into the judgments rendered by the courts below, it is seen, the cheque involved in the case is dated 25.11.2005. The dishonour of that cheque ultimately led to the conviction of the petitioner/accused, and the litigation has been continuing from the date aforementioned, all need to be taken into account in considering the merit of the plea for Crl.R.P.NO.1892/2011 2 further extension of time. Taking into account all those aspects, the learned Magistrate is directed to keep in abeyance the execution of the sentence against the petitioner for a period of six weeks from today. Petitioner is directed to appear before the Judicial First Class Magistrate Court – V, Thiruvananthpuram on 26.09.2011 to serve out the substantive term of imprisonment for one day, till the rising of the court and also to report payment of the compensation. In default of her appearance and non-payment of the compensation, the Magistrate shall execute the sentence taking appropriate steps in accordance with law. With the above directions, revision is disposed of. S.S.SATHEESACHANDRAN JUDGE prp Crl.R.P.NO.1892/2011 3