IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Crl.Rev.Pet.No. 4026 of 2009() ------------------------------ CRA.273/2008 of SESSIONS COURT, KASARAGOD CC.194/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... REVN. PETITIONER: --------------------- MUHAMMED RAFEEK PARAKKAL BASHEER, AGED 34 YEARS, S/O. BASHEER ABDULLA, PARAKKAL HOUSE, PALAPPURAM P.O., PALAKKAD DIST. BY ADV. SMT.P.K.PRIYA RESPONDENTS: --------------- 1. K. KHADEEJA BEEVI, AGED 36 YEARS, W/O. JALALUDEEN, PATTATHANAM HOUSE, BEKAL P.O., PALLIKKERE VIA, KASARGOD DIST. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No.4026 of 2009 ----------------------------------- Dated this the 23rd day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-II, Hosdurg in C.C.No.194 of 2007 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for one year and to pay Rs.75,000/- as compensation to the first respondent under Section 357(3) of the Code of Criminal Procedure with default sentence of simple imprisonment for a further period of two months. In Criminal Appeal No.273 of 2008, the Sessions Judge, Kasaragod, while confirming the conviction, the substantive sentence was reduced to simple imprisonment for ten days. 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 revision petitioner is a man without any avocation and an ordinary money transaction led him to face prosecution and that he may be dealt leniently in sentencing. I find merit in the submission made by the learned counsel and that simple imprisonment till rising of the court with order to pay compensation as ordered by the courts below would Crl.R.P.No.4026 of 2009 2 meet the ends of justice. In the result, this revision petition is allowed in part. While confirming the conviction, the substantive sentence is reduced to imprisonment till rising of the court with compensation as ordered by the courts below. The revision petitioner is granted six months time to remit the compensation. Till then, the bail bond executed by him shall remain in force. P.S.GOPINATHAN, JUDGE skj