IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Crl.Rev.Pet.No. 2796 of 2011() ------------------------------------------- CRA.420/2008 OF ADDITIONAL SESSIONS COURT (FAST TRACK-III), THIRUVANANTHAPURAM. CC.3/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV (PRINCIPAL MUNSIFF), NEYYATTINKARA. .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------------- K. NIRMALAKUMARI, D/O.KAMALABAI, ASHA BHAVAN, VETTUKADU, KULATHOOR, VILAIL, UCHAKKADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE BRISTON, SRI.TOJAN J. VATHIKULAM, SMT.C.A.SEENA, SRI.V.P.PRASANTH. RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------------------------------ 1. SANTHAN, S/O.SALUKUTTY PANICKER, VINOD BHAVAN, ANANTHERI, CHALKOTTUKONAM P.O., 695 122. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R2 BY PUBLIC PROSECUTOR SMT.SEENA R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs S.S.SATHEESACHANDRAN, J -------------------------------------- Crl.R.P No.2796 OF 2011 ----------------------------------------- Dated this the 24th day of November 2011 ORDER The revision is by the accused who has been convicted of the offence under Section 138 of the Negotiable Instruments Act (for short, NI Act), concurrently by the two courts below. Sentence imposed against the accused is simple imprisonment till the rising of the court with direction to pay the cheque as compensation to the complainant, with default term of simple imprisonment for 15 days. 2. The learned counsel for the petitioner/accused submitted that he has no challenge against the conviction and sentence, but, only a request to be made for grant of one month time to pay the compensation and, thus, avoid the default term of imprisonment. Petitioner is shown to be a lady and the request made by the counsel is reasonable. 3. Affirming the conviction and sentence, petitioner/accused is directed to appear before the magistrate on 27-12-2011 to serve out the imprisonment till the rising of the court, and to report payment of the compensation. The magistrate is directed to keep in abeyance the execution of sentence till the date fixed as above for her appearance, Crl. R.P No.2796 OF 2011 2 to enable her to pay the compensation within such period. In default of her appearance and nonpayment of the compensation, the magistrate shall execute the sentence taking appropriate steps in accordance with law. Revision disposed of. Sd/- vdv S.S.SATHEESACHANDRAN, JUDGE //True Copy// P.A to Judge