IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2926 of 2010()
1. VASANTHA
... Petitioner
Vs
1. T.K.UNNIKRISHNAN
... Respondent
For Petitioner :SRI.U.K.DEVIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :07/01/2011
O R D E R
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