IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Crl.Rev.Pet.No. 1516 of 2008() ------------------------------ CRA.707/2007 of SESSIONS COURT, ALAPPUZHA CC.975/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- K.C.SHAJI, S/O.CHACKO, AGED 41 YEARS,POLICE CONSTABLE, P.C.NO.7882,ADIMALI POLICE STATION, ADIMALI P.O., IDUKKI. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE ------------------------------------------------------------ 1. T.C.VISWANATHAN, THYPARAMBIL, KUTHIRAPANTHI WARD, ALAPPUZHA. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN ADV. SMT.C.G.BINDU FOR R1 SMT.C.G.AJITHA FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No.1516 of 2008 ----------------------------------- Dated this the 23rd day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-I, Alappuzha in C.C.No.975 of 2005 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for 30 days and to pay Rs.10,000/-, the cheque amount as compensation to the first respondent who was the complainant before the trial court. Though he preferred Criminal Appeal No.707 of 2007, it was dismissed as time barred. Now this revision petition. 2. The learned counsel for the revision petitioner submitted that he is not assailing the conviction. But the sentence is assailed. According to the learned counsel, the revision petitioner is a police constable and that out of a small money transaction, he has to face the transaction. In the above circumstance, he may be dealt leniently. I find merit in the submission and that a sentence of imprisonment till rising of the court with fine of Rs.10,000/- would meet the ends of justice. In the result, this revision petition is allowed. While confirming the conviction, the sentence is reduced to Crl.R.P.No.1516 of 2008 2 imprisonment till rising of the court and a fine of Rs.10,000/-. In default of payment of fine, he shall undergo simple imprisonment for one month. The revision petitioner is granted time till 01/02/2010 to remit the fine. Till then, the bail bond executed by him shall remain in force. Fine, on realisation shall be paid to the first respondent as compensation under Section 357(1) of the Code of Criminal Procedure. P.S.GOPINATHAN, JUDGE skj