IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.Rev.Pet.No. 1384 of 2011() -------------------------------------------- CRA.NO. 155/2009 of ADDL. SESSIONS COURT, (ADHOC)-1, PALAKKAD ST.NO. 2703/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... REVN. PETITIONER(S): REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------------------------------------------------- RADHA @ RADHA VIJAYAKUMAR, W/O. VIJAYAKUMARAN NIAR, AGED 41 YEARS, HOUSE NO.365, RAILWAY HOSPITAL COLONY, KALLEKULANGARA, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): COMPLAINANT AND STATE -------------------------------------------------------------------- 1. V.K.GOPINATH, S/O. KUTTAPPA MENON, NANDANAM, NEAR RAILWAY WATER TANK, MELEPPURAM, OLAVAKKODE, PALAKKAD.PIN-678 005 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT.REKHA C.NAIR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.1384 OF 2011 -------------------------------- Dated this the 15th day of July 2011 ORDER This revision was filed with a petition to condone the delay of 101 days in its presentation. After giving notice to the 1st respondent/complainant. to which he did not respond, the delay was condoned, and now it has come up for consideration of its entertainability. The learned counsel for the revision petitioner, fairly submitting that the conviction passed on the concurrent finding of guilt against the petitioner for the offence under Section 138 of the Negotiable Instruments Act in the proved facts of the case would not survive for further scrutiny by way of revision, requested for extension of time to pay the amount fixed as compensation and thus avoid the default term of imprisonment. 2. Perusing the judgments rendered by the courts below, it is seen that the conviction of the accused for the aforesaid offence is well founded on the legal evidence tendered in the case. Sentence imposed, as it now stands by modification in the appeal by the learned Sessions Judge, is simple imprisonment for one day, till the rising of the court, with direction to pay compensation of Rs.50,000/-, the cheque amount, with default term of imprisonment for one month. Crl.R.P No.1384/2011 - 2 - 3. Having regard to the submissions made by the learned counsel for the petitioner, it is ordered that the concerned Magistrate shall keep in abeyance the execution of the sentence for a period of six weeks from today to enable the petitioner to pay the compensation awarded within such time and avoid her incarceration in prison for the default term imposed. Irrespective of the extension of time as above granted, petitioner is directed to appear before the concerned Magistrate on 29-08-2011 to serve out the sentence of imprisonment for one day, till the rising of the court, and to report the payment of the compensation. In default of her appearance and nonpayment of the compensation, the learned Magistrate shall take appropriate steps to execute the sentence. Revision is disposed as above. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge