IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.Rev.Pet.No. 1677 of 2008() ------------------------------ CRA.269/2006 of SESSIONS COURT, ERNAKULAM MC.4/2000 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... REVN. PETITIONER: APPELLANTS/COUNTER PETITIONERS ------------------------------------------------ VENUGOPAL, S/O.SANKARAPILLAI, KAKAPURAKUDY HOUSE, KIDANADU, ERNAKULAM DISTRICT. BY ADV. SRI.R.DIVAKARAN RESPONDENTS: RESPONDENT/COMPLAINANT --------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 1677 of 2008 ========================== Dated this the 29th day of May, 2008. ORDER The petitioner, who was one of the sureties to the accused in C.C.No. 265 of 1996 on the file of the Judicial First Class Magistrate, Kolenchery which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881, was proceeded against under Section 446 Cr.P.C in M.C. No. 4 of 2000 for the non-appearance of the accused in the above case. The bond amount was Rs.25,000/-. To the show cause notice issued to the petitioner in Form No. 48 of the II schedule to Cr.P.C., he had no valid explanation to be offered. The learned Magistrate accordingly imposed a penalty of Rs.15,000/- as per order dated 28.04.2000 in M.C. No. 4 of 2000. Even though the revision petitioner along with the accused in C.C. No. 265 of 1996 preferred an appeal before the Sessions Court, Ernakulam as Crl.Appeal No. 269 of 2006, since the appeal was filed out of time, the learned Sessions Judge dismissed the petition to condone the delay and consequently the appeal as well. Hence this revision. Crl.R.P. No. 1677/2008 : 2: 2. In as much as the accused in the case had subsequently surrendered before the Magistrate and was convicted, I am inclined to show some leniency towards the petitioner. Accordingly, the penalty amount is reduced to Rs.5000/- (Rupees five thousand only) which shall be deposited by the petitioner before the trial court within one month 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. 1677/2008 : 3: