IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.Rev.Pet.No. 803 of 2008() ----------------------------- CRA.196/2007 of ADDL.SESSIONS COURT, PATHANAMTHITTA .................... REVN. PETITIONER: APPELLANTS/COUNTER PETITIONERS ------------------------------------------------ 1. M.N.SIVAN, S/O. NARAYANAN NAMPOOTHIRI, MURIKKUVELI ILLATHU, MANTHUKA MURI, KULANADA VILLAGE, KOZHENCHERRY. 2. RAMACHANDRAN PILLAI, PUTHEN VEETTIL, KULANADA VILLAGE, KOZHENCHERY. BY ADV. SRI.K.S.MOHAMED HASHIM RESPONDENTS: RESPONDENT/PETITIONER ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. = = = = = = = = = = = = = = = = Crl.R.P. No. 803 of 2008 = = = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 O R D E R Petitioners were the sureties to the accused in C.C.No.494 of 1996 on the file of the Chief Judicial Magistrate, Pathanamthitta which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881. The bond executed by the petitioner was for an amount of Rs.10,000/-(Rupees ten thousand only) each. Consequent on the non appearance of the accused in the above C.C case, proceedings were initiated against the petitioners under Section 446 Cr.P.C as M.C.No.18 of 2007. To the show cause notice issued to them, they did not offer any explanation except that the accused had made himself scarce without their aid or connivance. The learned Magistrate imposed the bond amount as the penalty. On an appeal preferred by the petitioners as Cr.Appeal No.196/2007 before the Additional District and Sessions Judge, Pathanamthitta, that court as per judgment dated 15.12.07 reduced the penalty to Rs.5,000/- each. Hence this revision. Crl.R.P.No.803/2008 -:2:- 2. In as much as the accused in the M.C. has since been convicted and also since it has not been shown that the petitioners had any role in aiding or conniving at the accused making himself scarce and having further regard to the fact that the prosecution was one under Section 138 of the Negotiable Instruments Act, 1881, I am inclined to reduce the penalty to Rs.2,500/- (Rupees two thousand five hundred only) each. The petitioners shall deposit the reduced penalty before the trial court within one month, failing which recovery proceedings shall be initiated against them. This Crl.R.P. is disposed of as above. V. RAMKUMAR, JUDGE. sj