IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Crl.Rev.Pet.No. 48 of 2008() ---------------------------- CC.448/97 OF JFCM, VARKALA CRA.93/00 OF ADDL.SESSIONS JUDGE, THIRUVANANTHAPURAM REVN. PETITIONER: REVN. PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------- P.SUDEVAN, OWNER OF PRABINDEV ENGINEERING WORKS, MAHADEVASAWARAM, KILIMANOOR. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- 1. VIKRAMAN NAIR, S/O. PADMANABHA PILLAI, ROADVILA VEEDU, OWNER OF VINCO METAL INDUSTRIES, 28TH MILE, VETTIYARA DESOM, NAVAIKULAM VILLAGE. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.T.MOHAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/01/2008, ALONG WITH CRRP.49/08 THE COURT ON 08/01/2008 PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` Crl.R.P. Nos. 48 and 49 OF 2008 ```````````````````````````````````````````````````` Dated this the 8th day of January, 2008 O R D E R These revision petitions are directed against the concurrent verdict of guilty, conviction and sentence in two separate prosecutions both under Section 138 of the N.I. Act initiated by the same complainant/respondent herein. The cheques are for an amount of Rs.10,000/- and Rs.10,400/- respectively. After the appellate modification of sentence, the petitioner now faces the substantive sentence of simple imprisonment for a period of one month in each case. There is a further direction to pay an amount of Rs.12,000/- as compensation in both cases and in default to undergo simple imprisonment for a period of two months each. 2. Called upon to explain the nature of challenge, which the petitioner wants to mount against the impugned concurrent judgments, the learned counsel for the petitioner only prays that the sentence imposed may be modified and CRRP.48 & 49/08 : 2 : reduced. The petitioner has already undergone imprisonment from 26.12.07 to this day i.e., 8.1.08. The substantive sentence of imprisonment may be reduced to the period already undergone. The petitioner is willing to pay the amount of Rs.12,000/- in each case as compensation to avoid the default sentence, submits the learned counsel for the petitioner. 3. No other contentions are raised. Having considered all the relevant inputs, I find the verdict of guilty and conviction under Section 138 of the N.I. Act in both cases is to be absolutely justified. In the facts and circumstances of the case, I am satisfied that the substantive sentences of imprisonment can be modified and reduced. 4. In the result, these revision petitions are allowed. The impugned appellate judgments in both cases are upheld in all other respects. But the substantive sentence of imprisonment in each case is reduced from one month to a period of one week each. If the petitioner deposits the CRRP.48 & 49/08 : 3 : compensation amount before the learned Magistrate, he shall forthwith be released from custody by the learned Magistrate . 5. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) aks