IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3951 of 2009() ------------------------------ CRA.33/2008 of SESSIONS COURT, PALAKKAD ST.3305/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PALAKKAD .................... PETITIONER/APPELLANT/ACCUSED -------------------------------------- A.SALEEM, AGED 38, S/O.ABDUL MAJEED, SHAMEENA MANZIL, THANDALODE, MUDAPPALLUR.P.O, ALATHUR, PALAKKADU DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. A.ABDUL AZEEZ, S/O.K.K.ASSANAR RAWTHER, KADAMBIDI HOUSE, CHITTILANCHERY, CHITTILANCHERY.P.O, ALATHUR TALUK, PALAKKADU DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: SRI HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ------------------------------- Crl.R.P.No.3951 of 2009 -------------------------------- Dated this the 21st day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-II, Palakkad in S.T.No.3305 of 2006 on his file for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for six months and to pay Rs.50,000/- as compensation to the first respondent. In Criminal Appeal No.33 of 2008, the Additional Sessions Judge (Adhoc-III), Palakkad, while confirming the conviction, reduced the sentence to a fine of Rs.60,000/- with a default sentence of simple imprisonment for three months. 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 him, the cheque amount was only Rs.50,000/- and that the appellate court had imposed a fine of Rs.60,000/- and that amount was ordered to be paid to the first respondent as compensation. Though there is no error, illegality or impropriety in awarding a fine exceeding the cheque Crl.R.P.No.3951 of 2009 2 amount, I find that a fine of Rs.50,000/- would meet the ends of justice in this case. In the result, this revision petition is allowed in part. While confirming the conviction, the sentence of fine is reduced to Rs.50,000/-, which on realisation shall be paid to the first respondent as compensation. In default of payment of fine, the revision petitioner shall undergo simple imprisonment for four months. The amount if any deposited before the trial court shall be given credit to the fine amount. P.S.GOPINATHAN, JUDGE skj