IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3893 of 2009() ------------------------------ S.T.No.124 OF 2006 of JUDICIAL MAGISTRAE OF THE FIRST CLASS-VI, TRIVANDRUM CRA.No.1042 of 2006 of II-ADDITIONAL SESSIONS COURT, TRIVANDRUM REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- RADHAMANI, D/O.SUSEELA, KODIKATTAKKALIL VEEDU, RIVER GARDENS, ENIKKARA, KARAKULAM, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENTS: RESPONDENTS/COMPLAINANT -------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JAYAN, S/O.GOKULAN, ASWATHY VILASOM, ENIKKARA, KARAKULAM, TRIVANDRUM. PUBLIC PROSECUTOR SRI.RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ------------------------------- Crl.R.P.No.3893 of 2009 -------------------------------- Dated this the 16th day of December, 2009 ORDER The Judicial Magistrate of the First Class-VI, Thiruvananthapuram in S.T.No.124 of 2006 on his file convicted the revision petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for three months and to pay Rs.75,000/- as compensation to the second respondent under Section 357(3) of the Code of Criminal Procedure. In Criminal Appeal No.1042 of 2006 the Additional Sessions Judge-II, Thiruvananthapuram while confirming the conviction, reduced the substantive sentence to imprisonment till rising of the court. The compensation was enhanced to Rs.80,000/-. Now this revision petition. 2. The learned counsel for the revision petitioner submitted that the appellate court enhanced the compensation to Rs.80,000/- with no justifying reason. I find merit in the submission and that the compensation as ordered by the trial court with default sentence therein would meet the ends of justice. Crl.R.P.No.3893 of 2009 2 In the result, the revision petition is allowed in part. While confirming the conviction and substantive sentence, the compensation is reduced to Rs.75,000/- with a default sentence as ordered by the appellate court. The revision petitioner is granted six months time to remit the compensation. Till then, the bail bond executed by her shall remain in force. P.S.GOPINATHAN, JUDGE skj.