IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3798 of 2009 ---------------------------------------- CRL.A.NO.17/2008 OF II ADDL. SESSIONS COURT, THIRUVANANTHAPURAM, ST.NO.308/2006 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-VI, THIRUVANANTHAPURAM. .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- SHEELA VIJAYAN, D/O. PARAMESWARAN NAIR, AGED 43 YEARS, BABY COTTAGE, T.C. 15/251, ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADVS. MR.C.V.BIMAL ROY, MR.C.A.CHACKO, SMT.C.M.CHARISMA, MR.N.A.SHAFEEK. RESPONDENTS: ------------------------ 1. C.S. KAIMAL (DIED), SAJANA, ELANKONE NAGAR, DPI ROAD, THYCAUD, THIRUVANANTHAPURAM, ADDITIONAL COMPLAINANT IMPLEADED, G. SARALAMMA, W/O. LATE C.S. KAIMAL, SAJANA, ELANKONE NAGAR, DPI ROAD, THYCAUD, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. P.R. JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S.Gopinathan, J. ========================================== Crl.R.P.3798 of 2009 ========================================== Dated this the 9th day of December, 2009. ORDER 1.The Judicial Magistrate of the First Class-VI, Thiruvananthapuram in S.T.No.308 of 2006 on his file convicted the revision petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for four months and to pay Rs.3,50,000/- as compensation to the first respondent under Section 357(3) of the Code of Criminal Procedure. In Crl.A.17/08, the Additional Sessions Judge, while confirming the conviction, reduced the substantive sentence to imprisonment till rising of the court with direction to pay compensation of Rs.3,60,000/-. Now this revision. 2.Today when the revision petition came up for CRRP3798/09 -:2:- admission, learned counsel for the revision petitioner submits that he is not assailing the conviction. But sentence is assailed. According to the learned counsel, though the appellate court was lenient in reducing the substantive sentence to imprisonment till rising of the court, there is no justification for enhancing the compensation from Rs.3,50,000/- to Rs.3,60,000/-. Having heard the learned counsel, I find that the submission merits consideration and that the compensation of Rs.3,50,000/- awarded by the trial court would serve the purpose. In the result, this revision petition is allowed in part. While confirming the conviction and the substantive sentence, compensation ordered to be given to the first respondent by the appellate court is reduced to Rs.3,50,000/-. The default sentence as ordered by the appellate court is CRRP3798/09 -:3:- sustained. The revision petitioner is granted six months' time to pay the compensation. Till then, the bail bond executed by her shall remain in force. P.S.Gopinathan, Judge. sl.