IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Crl.Rev.Pet.No. 181 of 2004(C) --------------------------- CRA.146/2002 OF ADDL.SESSIONS COURT, KOTTAYAM CC.84/1998 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, VAIKOM .................. PETITIONER / APPELLANT / ACCUSED: ------------------------------------------------------ GOPI, KALPAKASSERI VEEDU, CHEMMANATHUKARA MURI, VAIKOM VILLAGE. BY ADVS. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS / RESPONDENTS / COMPLAINANT AND STATE: ---------------------------------------------------------------------------------------- 1. RAMESH, S/O. CHELLAPPAN PILLAI MOHAN NIVAS, PADINJATTINCHERI THEKKEMURI, VAIKOM VILLAGE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. SMT.SANDHYA RAJU SMT.P.A.JAIMOLE SMT.RASHMI RAMESH SMT.SABNA BABU R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P.S.GOPINATHAN, J. = = = = = = = = = = = = Crl.R.P.No.181 of 2004. = = = = = = = = = = = = Dated this the 24th day of September, 2010. O R D E R Against the concurrent finding of guilt, conviction for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for two months and direction to pay Rs.11,000/- to Pw1 as compensation under Sec.357(1) of the Crl.P.C., this revision petition was filed. 2. The learned counsel for the revision petitioner submits that the petitioner is a business man aged 57 years and that the financial difficulties led the revision petitioner to face the prosecution and in the circumstance, he sought for modification of the sentence and to grant some time for remitting the compensation. The submission made by the learned counsel is recorded. Having taken into account that financial difficulties led the revision petitioner to face the prosecution, I find that the revision petitioner is entitled to Crl.RP.No.181/2004. -: 2 :- some leniency in sentence and that a sentence of imprisonment till the rising of the court and a fine of Rs.12,000/- would meet the ends of justice. 3. In the result, the revision petition is allowed in part. While confirming the conviction, the substantial sentence is reduced to imprisonment till the rising of the court and a fine of Rs.12,000/- (Rupees twelve thousand only) with a default sentence of simple imprisonment for three months. Out of the fine amount, on realisation Rs.11,000/- shall be paid to the first respondent as compensation under Sec.357(1) of the Crl.P.C. The revision petitioner is granted two months time to remit the fine amount. Till then, the bail bond executed by him shall remain in force. P.S.GOPINATHAN, JUDGE. Kvs/-