IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 2429 of 2009() ------------------------------ CRA.731/2005 of ADDL. SESSIONS COURT (ADHOC-I), KOLLAM CC.812/2001 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... REVN. PETITIONER: --------------------- K.SOMAN, AGED 54, MANJU BHAVAN NEDUMPANA, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS: --------------- 1. P.G.KOSHY PANICKER PROPRIETOR, PUSHPAMANGALATHU FINANCIERS AND CHITTY FUNDS, HOSPITAL JUNCTION, KUNDARA, KOLLAM. 2. STATE OF KERALA, REP BY THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RITHWIK SRI.V.V.RAJA FOR R1 SRI.M.T.SURESHKUMAR FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN,J. ----------------------------------- Crl.R.P.No.2429 of 2009 ---------------------------------- Dated this the 7th day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-I, Kollam in C.C.No.812 of 2001 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for six months and to pay Rs.25,000/- as compensation under Section 357(3) of the Code of Criminal Procedure to the first respondent. In Criminal Appeal No.731 of 2005, the Additional Sessions Judge (Adhoc-I) Kollam, confirmed the conviction. The substantive sentence was reduced to simple imprisonment for three months. The order to pay compensation was sustained. Now this revision petition. 2. When the revision petition came up for hearing, the learned counsel for the revision petitioner submitted that he is not assailing the conviction, but the sentence is assailed. The learned counsel would submit that revision petitioner is in his fifties and without any avocation and that he had already deposited Rs.12,500/- before the trial court and that he is prepared to deposit the balance amount. In the above circumstances, leniency was sought in sentencing. Taking into Crl.R.P.No.2429 of 2009 2 account of the entire facts and circumstances, I find that the submission merits consideration and that sentence of imprisonment till rising of the court with order to pay compensation as ordered by the courts below would meet the ends of justice. In the result, this revision petition is allowed in part. While confirming the conviction, the sentence is reduced to imprisonment till rising of the court and to pay Rs.25,000/- as compensation to the first respondent under Section 357(3) of the Code of Criminal Procedure. The revision petitioner is granted two months time to pay the compensation. Till then, the bail bond executed by him shall remain in force. The amount already deposited shall be given credit to. P.S.GOPINATHAN,JUDGE skj