IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Crl.Rev.Pet.No. 158 of 2003() ----------------------------- CRA.576/1999 of ADDL. SESSIONS COURT (ADHOC), KOZHIKODE CC.92/1997 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... REVN. PETITIONER/ APPELLANT/ACCUSED: --------------------------------------- V.P. DAMODARAN, AGED 51 YEARS, S/O. KARIYATHAN, VELLONATHIL HOUSE, MAYANAD P.O., KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS/COMPLAINANT: --------------------------------------- 1. P. SREENU, S/O. CHATHUKUTTY, MOOTHETTUMANNIL HOUSE, KARANTHUR, KUNNAMANGALAM P.O., KOZHIKODE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------- Crl.R.P.No.158 OF 2003 --------------------------- Dated this the 22nd day of July, 2011 O R D E R ~~~~~~~ As against the concurrent finding of guilt conviction and sentence to undergo simple imprisonment for six months for offence under Section 138 of the Negotiable Instruments Act, the accused in CC.92/97 has now come up in revision. Today, when the Revision Petition came up for hearing, the learned counsel for the revision petitioner submitted that the revision petitioner had already discharged half of the compensation amount and that he is not assailing the conviction but the sentence is assailed. The submission of the learned counsel is recorded. 2. Taking note that the revision petitioner is now a hexagenarian without any avocation or income and that he had allegedly discharged half of the liability and that no compensation was infact ordered to the defacto complainant, I find that the appellant is entitled to a little leniency and that the sentence requires modification and that a sentence of Crl.R.P.No.158/2003 2 imprisonment till the rising of the court with a fine of Rs.20,000/- would meet the ends of justice. 3. In the result, the Revision Petition is disposed of as follows: The conviction under challenge is confirmed. The sentence is reduced to imprisonment till the rising of the court and a fine of Rs.20,000/- (Rupees Twenty thousand only). In default of payment of fine, the revision petitioner shall undergo simple imprisonment for three months. Out of the fine amount, if collected, Rs.19,500/- (Rupees Nineteen thousand five hundred only) shall be paid to the 1st respondent as compensation. The amount, if any, deposited shall be given credit to. The revision petitioner is granted two months time to remit the fine. Till then, the bail bond executed by the revision petitioner shall remain in force. (P.S.GOPINATHAN, JUDGE) ps/22/7