IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Crl.Rev.Pet.No. 3438 of 2009() ------------------------------ CRA.473/2007 of SESSIONS COURT, KOLLAM CC.993/2003 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- BADARUDEEN, PUTHENVILA VEEDU, KULAPPADAM, NEDUMPANA.P.O, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR SMT.K.R.REMYA (KARUKAYIL) RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAINULABDEEN, S/O.SULAIMAN KUNJU, PANAVILA VEEDU, THAZHAM MIDDLE, CHATHANNOOR, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3438 of 2009 ---------------------------------------- Dated this the 19th day of November, 2009 ORDER The Judicial Magistrate of the First Class, Paravoor in C.C.No.993 of 2003 on his file convicted the revision petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for five days and ordered to pay Rupees one lakh as compensation under Section 357(3) of the Code of the Criminal Procedure to the second respondent, who was the complainant. In Criminal Appeal No.473 of 2007, Sessions Judge, Kollam, by judgment dated 5/9/2008, confirmed the conviction and sentence. Now this revision petition. 2. Today when the revision petition came up for admission, the learned counsel for the revision petitioner submitted that he is not assailing the conviction, but assailing the sentence. According to the learned counsel the revision petitioner is a pensioner aged 64 years. Hence he is entitled to a little leniency in sentence. There is some merit in the submission. 3. In the above circumstance, the revision petition is allowed in part. While confirming the conviction, the substantive sentence is reduced to imprisonment till rising of the court. The Crl.R.P.No.3438 of 2009 2 order to pay Rupees one lakh to the second respondent as compensation is sustained with a default sentence of simple imprisonment for four months. The revision petitioner is granted six months time to pay the compensation. Till then, the bail bond executed by him shall remain in force. P.S.GOPINATHAN, JUDGE skj