High Court Kerala High Court

Vasantha vs T.K.Unnikrishnan on 7 January, 2011

Kerala High Court
Vasantha vs T.K.Unnikrishnan on 7 January, 2011
       

  

  

 
 
  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

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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

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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

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V.K.MOHANAN, J.

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Crl.A.NO. OF 200

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J U D G M E N T

Crl.R.PNO. 2926 of 2010

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DATED: -2-2010