IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.Rev.Pet.No. 3132 of 2008() ------------------------------ CRA.71/2007 of SESSIONS COURT, PATHANAMTHITTA MC.2/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER: ------------------ 1. MR. VINOD, AGED 41, S/O.JANARDHANAN, THENGUVILAYIL VEEDU, PANAMPATTA, PIDAVOOR, THALAVOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT 2. MR. JOY, AGED 36, S/O. BABY, CHARUVILA VEEDU, MANJAKKALA, P.O. THALAVOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS: ------------- STATE OF KERALA , REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 3132 of 2008 * * * * * * * * * * * * * * * * * * Dated: 05-09-2008 ORDER Petitioners who are the sureties for the accused in M.C. 2 of 2004 on the file of the J.F.C.M. I, Pathanamthitta which was a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 were proceeded against under Sec. 445 Cr.P.C. for the non- appearance of the accused. The bond amount was Rs. 10,000/-. To the show cause notice issued to them under Form No. 48 of the II Schedule of Cr.P.C. they had no valid explanation to be offered. The learned Magistrate imposed the bond amount as penalty. On appeal preferred by the revision petitioners as Crl.A. No. 71 of 2007 before the Sessions Court, the lower appellate court dismissed the appeal. Hence, this Revision. 2. Having regard to the fact that accused subsequently appeared before court and the matter compounded and having regard to the fact that the petitioners are stated to be impecunious circumstances, I am inclined to reduce the penalty to Rs. 5,000./-. The reduced penalty shall be deposited by the petitioners before the trial court within one month from today. This Crl.R.P. is accordingly disposed of. V. RAMKUMAR, (JUDGE) ani/ ani.