IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 Crl.Rev.Pet.No. 153 of 2011() ---------------------------------------- CRA.126/2009 of II ADDL. SESSIONS COURT, TRIVANDRUM C.C.34/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/ACCUSED -------------------------------------------------------------------------------------- DR.REBEKA THOMAS, AGED 51 YEARS, D/O.MARIYAMMA THOMAS, SANGAMAM KP VIII/98, BALAJI ROAD, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM BY ADV. SRI.P.K.VARGHESE RESPONDENT(S): RESPONDENTS/COMPLAINANT ------------------------------------------------------------------------ 1. S.RAVI SANKAR, S/O.SUKUMARAN NAIR, GOKULAM, T.C.7/611-2 KUZHIVILA LANE, MARUTHANKUZHI, KANIYAPURAM, THIRUVANANTHAPURAM 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. V.TEK CHAND THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.K.MOHANAN, J. - - - - - - - - - - - - - - - - - - - Crl. R.P. No.153 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17 th 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 some breathing time may be granted to the revision petitioner to receive the sentence and pay the fine amount. Having regard to the facts and circumstances involved in the case, I am of the view Crl. R.P. No.153 of 2011 2 that the said submission can be considered positively. In the result, this revision petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the Negotiable Instruments Act and also confirming the sentence of imprisonment, fine amount and the default sentence. The revision petitioner is granted forty five (45) days time to receive the sentence and to pay the fine amount. It is made clear that the default sentence fixed by the appellate court will be attracted only in case of default from the part of the revision petitioner to pay the fine amount within 45 days from today. Accordingly, the revision petitioner is directed to appear before the trial court on 07.03.2011 to receive the sentence of imprisonment and to pay the fine amount fixed by the appellate court. If there is any default in appearing before the court below and to pay the fine amount on or before the above date, the trial court is free to take coercive steps Crl. R.P. No.153 of 2011 3 to secure the presence of the revision petitioner and to execute the sentence and for realisation of the fine amount. Revision petition is disposed of accordingly. Sd/- (V.K.MOHANAN), Judge. ss/. //True Copy// P.A to Judge