IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.Rev.Pet.No. 3139 of 2008() ------------------------------ CRA.121/2008 of SESSIONS COURT, KOTTAYAM MC.70/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... REVN. PETITIONERS/APPELLANTS/COUNTER PETITIONERS:- ------------------------------------------------------------------- 1. MANOJ S/O.MANI RESIDING AT PEEDIKAPARAMBIL KOLLAKADAVU NATTAKOM VILLAGE, KOTTAYAM DISTRICT. 2. MOHANAN, S/O.RAGHAVAN, PENTHRA VEEDU MECHERIL , PALLAM KARA, NATTAKOM VILLAGE KOTTAYAM DISTRICT. BY ADV. SRI.ABRAHAM GEORGE JACOB RESPONDENT: ---------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 3139 of 2008 ========================== Dated this the 5th day of September, 2008. ORDER The petitioners, who are the sureties for the accused in C.C. No. 496 of 2002 on the file of the Chief Judicial Magistrate, Kottayam, which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881, were proceeded against under Section 446 Cr.P.C consequent on the non-appearance of the accused. The bond amount was Rs. 7,500/- each. To the show cause notice issued to them in Form No. 48 of the II Schedule to Cr.P.C., they had no valid explanation to offer. The trial court imposed the bond amount as penalty. On appeal preferred by the revision petitioners as Crl. Appeal No.121 of 2008 before the Sessions Court, Kottayam, that court reduced the penalty to Rs.5000/- each. Hence this revision. 2. In as much as the accused subsequently appeared and was convicted and a revision filed by him is pending before this Court and also having regard to the fact that the petitioners are stated to be poor labourers and in impecunious circumstances, I CRL.R.P. NO. 3139/2008 : 2: am inclined to reduce the penalty to Rs.3000/- each. The petitioner shall deposit the reduced amount of penalty before the trial court within one month from today. This Crl.R.P. is disposed of as above. Dated this the 5th day of September, 2008. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 3139/2008 : 3: