IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.Rev.Pet.No. 274 of 2004(D) ------------------------------ CRA.872/2001 of II ADDL.SESSIONS COURT, ERNAKULAM CC.310/1999 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI-5 .................... REVN. PETITIONER: APPELLANT/ACCUSED: ----------------------------------------------- C.V.VAKKACHAN, AGED 76, S/O. VARUTHU, RESIDING AT CHANAYIL HOUSE, PERUMPADAPPU, KOCHI-6. BY ADV. SRI.S.RAJKUMAR RESPONDENTS: RESPONDENTS/COMPLAINANTS: ------------------------------------------------------ 1. JIJI MATHEW, PROPRIETOR, M/S. JIJI TRADERS, MARKET ROAD, COCHIN-35, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, JOSHY, S/O. PADMANABHAN. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.K.N.SIVASANKARAN SRI.V.V.ASOKAN SRI.SUNIL SHANKER R2 BY SRI. P.K.RAVIKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- Crl.R.P. No. 274 OF 2004 ----------------------------------- Dated this the 26th day of February, 2008 O R D E R This Revision is filed by the accused. Going by the judgments of the court below he is around 79 years of age as of now. He has been found guilty and convicted for offence punishable under Section 138 of the Negotiable Instruments Act. The Appellate Court confirmed the findings of the trial court but reduced the sentence to be one of simple imprisonment for three months and to pay compensation of Rs.27,500/-. 2. The controversy between the accused and the complainant, as reflected by the findings of the courts below, is essentially one around certain contract transactions and issuance of cheques in relation to business activities. With the passage of time, it is seen that the petitioner had to face different prosecution proceedings, which ended in his favour. As of now, the debtor creditor relationship between the parties no more survives and the Crl.RP No. 274 OF 2004 2 accused petitioner is stated to be virtually bed-ridden. 3. Having heard the learned counsel for the revision petitioner touching the merits of the case, I do not find any illegality, irregularity or impropriety warranting interference with the findings of the court below regarding the guilty of the accused. However, I am of the view that, the ends of justice would be satisfied if the compensation order is paid and the punishment imposed on the petitioner is scaled down to be one of fine of Rs.5,000/-. Pending this Revision, certain amounts have been deposited following the interim orders. 4. In the result, confirming the conviction, the sentence imposed by the courts below are modified directing the petitioner to pay fine of Rs.5,000/- and also compensation of an amount of Rs.27,500/- as ordered by the lower appellate court. The amounts already paid would be given credit to against compensation amount. The criminal revision petition is allowed to the above extent. Crl.RP No. 274 OF 2004 3 5. Having regard to the age and physical condition of the petitioner, as submitted on his behalf by his learned counsel, it is directed that the petitioner, accused shall have the liberty to satisfy the sentence by ensuring appearance before the trial court through duly authorized advocate as regards payment of fine and compensation. On failure to remit fine, the default sentence shall be executed in accordance with law. Appearance as directed herein shall be before the Judicial Magistrate of the First Class-II, Kochi at 10.30 a.m. on 26th May, 2008 failing which the trial court is directed to take expeditious steps for the prompt execution thereof. The office shall transmit the records to the trial court forthwith. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb Crl.RP No. 274 OF 2004 4 Crl.RP No. 274 OF 2004 5