IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.Rev.Pet.No. 1190 of 2008() ------------------------------ CRA.882/2007 of SESSIONS COURT, KOTTAYAM MC.48/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM S.T.NO. 396/2005 of JUDICIAL FIRST CLASS MAGISTRATE-II (MOBILE), KOTTAYAM. .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------ JAMES, S/O.JOSEPH, PUTHENPURACKAL HOUSE, VAZHAPPALLY KARA, CHETHIPUZHA VILLAGE, CHANGANACHERRY. BY ADV. SRI.M.J.THOMAS SMT.RUBY K.JOSE RESPONDENTS: RESPONDENTS/STATE & CO-SURETY: ------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANTONY, S/O.PHILIPOSE, KOZHUPPAKALAM VEEDU, MADAPPALLY KARA, MADAPPALLY VILLAGE, CHANGANACHERRY. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1190 of 2008 ========================== Dated this the 8th day of April, 2008. ORDER The petitioner who was one of the sureties of the accused in S.T. No. 396 of 2005 on the file of the Judicial First Class Magistrate-II (Mobile), Kottayam which was a prosecution under Section 138 of the Negotiable Instruments Act, was proceeded against under Section 446 Cr.P.C consequent on the non appearance of the accused before court. To the show cause notice issued to him, he had no valid explanation to offer. The bond amount was Rs.10,000/-. The trial court imposed the entire bond amount as penalty. On appeal preferred by the petitioner as Crl.Appeal NO. 882 of 2007 before the Sessions Court, Kottayam, the learned Sessions Judge reduced the penalty amount to Rs.5000/-. Hence this revision. 2. Having regard to the fact that it has not been shown that the petitioner was a privy to the abscondance of the accused and having further regard to the fact that the petitioner is in impecunious circumstances and impoverished by the natural CRL.R.P.NO. 1190/2008 : 2: calamity in the form of torrential summer rains causing destruction to paddy cultivation, I am inclined to reduce the penalty to Rs.2,500/- (Rupees two thousand and five hundred only). The petitioner shall deposit the reduced penalty amount within 45 days from today failing which recovery proceedings shall be initiated against him. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P.NO. 1190/2008 : 3: