IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 7TH JANUARY, 2011 / 17TH POUSHA 1932 Crl.Rev.Pet.No. 2926 of 2010 --------------------------------- (CRA.175/2008 of ADDL. SESSIONS COURT, (ADHOC COURT NO-1), PALAKKAD ST.3327/2004 of JUDL.FIRST CLASS MAGISTRATE COURT,OTTAPPALAM) .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- VASANTHA, AGED 49 YEARS, W/O.RAMANKUTTY, PALAKKAV, ADAKKAPUTHUR DESOM, MUTHEDATH MADAMB AMSOM, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------ 1. T.K.UNNIKRISHNAN, S/O.KUNHIMALUAMMA, THEKKEKANAYATH, KADAMPUR DESOM, VADAKKUMBRAM AMSOM, OTTAPPALAM TALUK, PAAKKAD DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.REKHA.C.NAYAR. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.R.P.No. 2926 of 2010 --------------------------------------------- Dated this the 7th day of January, 2011 O R D E R The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging her conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court. 2. I have heard learned counsel for the revision petitioner as well as counsel for the respondents. 3. As this Court is not inclined to interfere with the order of conviction and sentence recorded by the courts below, the learned counsel for the revision petitioner submitted that one month time may be granted to the revision petitioner to pay the fine amount. Having regard to the facts and circumstances involved in the case, I find no reason to decline the above request. Crl.R.PNO. 2926 of 2010 :-2-: 4. In the result, this Criminal Revision Petition is disposed of confirming the conviction, sentence as modified by the appellate court and also confirming the fine amount ordered by the courts below. Accordingly, the revision petitioner is granted one month time from today to receive the sentence and to pay the fine amount. It is made clear that the default sentence fixed by the court below will be attracted only in case of failure on the part of the revision petitioner in appearing before the court below and paying the amount within the above stipulated time. On realisation of the fine amount, the same shall be paid to the complainant as compensation under Section 357(1)(b) of the Cr.P.C. Accordingly, the revision petitioner is directed to appear before the trial court on 05.02.2011 to receive the sentence and to deposit the fine amount. If there is any failure on the part of the revision petitioner in appearing before the trial court on 05.02.2011 to receive the sentence and to deposit the fine amount, the trial court is Crl.R.PNO. 2926 of 2010 :-3-: free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the petitioner shall be deferred till 05.02.2011. V.K.Mohanan, Judge. MBS/ Crl.R.PNO. 2926 of 2010 :-4-: V.K.MOHANAN, J. -------------------------------------------- Crl.A.NO. OF 200 ------------------------------------ J U D G M E N T Crl.R.PNO. 2926 of 2010 :-5-: DATED: -2-2010