IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Crl.Rev.Pet.No. 3159 of 2005() ------------------------------ CRA.324/2002 of III ADDL.SESSIONS COURT, ERNAKULAM CC.241/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED :- -------------------------------------------------------------------- E.V.THOMAS, PROPRIETOR, CIFINESS TAILORS, OPPOSITE VARKEY'S SUPER MARKER, M.G.ROAD, COCHIN-35. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT(S)/RESPONDENTS/STATE AND COMPLAINANT :- ------------------------------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. 2. K.L.SEBASTIAN, KALATHIL HOUSE, S/O.LONAN, TOWN HALL CANAL ROAD, COCHIN-18. PUBLIC PROSECUTOR MR.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt P. S. GOPINATHAN, J. ~~~~~~~~~~~~~~~~ Crl.R.P. No.3159 of 2005 ~~~~~~~~~~~~~~~~~ Dated this the 22nd day of July 2011 O R D E R This revision is targeted against the concurrent finding of guilt, conviction and sentence of simple imprisonment for six months and fine of `85,000/- for offence under Sec.138 of the Negotiable Instruments Act. Today, Adv.Sri.Joseph John on behalf of the revision petitioner submitted that he is not assailing the conviction but the sentence is assailed. The submission is recorded. 2. According to the revision petitioner, the dispute arose out of a business transaction and that the revision petitioner had already discharged a major part of the liability. However, no document is produced. Taking into account of the nature of the transaction, I find that he is entitled to leniency in sentence and that a sentence of imprisonment till the rising of the court with the fine as Crl.R.P. No.3159 of 2005 -: 2 :- ordered by the trial court would meet the ends of justice. In the result, the revision petition is disposed of :- While confirming the conviction, the substantive sentence is reduced to imprisonment till the rising of the court. The revision petitioner is granted two months time to remit the fine. Till then, the bail bond executed by him shall remain in force. If any amount is already in deposit, that shall be given credit to. P. S. GOPINATHAN, JUDGE. Jvt