HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:263 OF 2011 JUDMENT: This revision is directed against the judgment dated 18.10.2010 in Crl.A.No.107 of 2009 on the file of the IX Additional Sessions Judge (FTC), Visakhapatnam. The complaint given by the 1st respondent herein was taken on file by the II Additional Chief Metropolitan Magistrate, Visakhapatnam as C.C.No.866 of 2004 for the offence under section 138 of the Negotiable Instruments Act and the petitioner was tried before the trial Court. After appreciation of oral and documentary evidence, which was brought on record, the trial Court found the petitioner-accused guilty and accordingly, sentenced her to undergo S.I. for three months and also to pay a fine of Rs.3,000/- in default, to undergo simple imprisonment for one month. The same was challenged in Crl.A.No.107 of 2009. The appellate Court confirmed the judgment of the trial Court. Hence, the present revision is filed. Heard the learned Counsel on either side. When this Court questioned as to the arrest of the petitioner, Sri T. Pradyumna Kumar Reddy, learned Counsel for the petitioner fairly conceded that the petitioner was not arrested after dismissal of the appeal. In those circumstances, this Court is of the view that the bail application cannot be entertained. However, as the petitioner has come forward stating that she is ready to pay double the cheque amount, this Court is of the view that much credence cannot be given to the aspect of non-arrest of the petitioner. Now, as the petitioner has come forward to pay double the cheque amount, this matter is remanded to the Court below only for the purpose of said payment of cheque amount. The Court below may issue notice to both the parties and on the date that would be fixed by the Court below, the petitioner shall appear and pay the amount of Rs.40,000/- i.e., double the cheque amount and also the fine amount that was imposed by the Court below. With the above observations, the Criminal Revision Case is allowed and the matter is remanded to the Court below. ______________________________ Justice Gopala Krishna Tamada Dated: 8.4.2011 Nn/rkk HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:263 OF 2011 8.4.2011