IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Crl.Rev.Pet.No. 975 of 2010() ----------------------------- CRA.95/2009 of ADDL. SESSIONS COURT, (ADHOC-III), NORTH PARAVUR STC.3827/2005 of JUDICIAL MAGISTRATE OF FIRAST CLASS - II, PARAVUR .................... REVN. PETITIONER(S): REVISION PETITIONER/IST RESPONDENT/COMPLAINANT ------------------------------------------------------------------- P.D.DINAMANI, S/O.DIVAKARAN, PARUTHIYEZHATHU HOUSE, MAKKANAI, MANNAM.P.O, N.PARAVUR. BY ADV. SRI.LIJU. M.P SRI.G.PADMARAJ RESPONDENT(S): APPELLANT & RESPONDENT/ACCUSED & NON-PARTY --------------------------------------------------------- 1. C.S.SREEKUTTAN, S/O.SREENIVASAN, PROPRIETOR, SREEKUTTAN & COMPANY, CHUNKATHU HOUSE, CHERAI, PALLAMTHURUTH, N.PARAVUR. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR ADV. B.H. MANSOOR FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 975 of 2010 * * * * * * * * * * * * * * * * * * Dated, this the 18th day of March 2010 ORDER Heard both sides. Complainant in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs. 1,00,000/- issued in the year 2005 challenges the modified sentence imposed by the lower appellate court reducing the compensation amount payable to the complainant from Rs. 1,50,000/- to Rs. 1,00,000/-. The learned counsel appearing for the first respondent/accused submitted that in Crl.R.P. No. 3758 of 2009 filed by the accused, this Court as per final order dted 3-12-2009 had reduce4d the fine amount to Rs. 1,10,000/- and had directed Rs. 1,00,000/- therefrom to be paid as compensation to the complainant. It is true that this Court had ordered so in Crl.r.P. No. 3755 of 2009. But, the said Crl.R.P. was disposed of at the stage of admission without hearing the revision petitioner complainant. Hence, the final order passed in Crl.R.p. 3758 of 2009 cannot be treated as binding on the revision petitioner who was not heard by this Crl.R.P. No. 975 of 2010 -:2:- Court. Accordingly, the fine of Rs. 1,50,000/- imposed by the lower appellate court is reduced to Rs. 1,15,000/- from which Rs. 1,10,000/- shall be paid as compensation to the revision petitioner/complainant and the balance Rs. 5,000/- shall be paid to the State. The Ist respondent is given 6 months time from today to either pay the compensation amount of Rs. 1,10,000/- to the revision petitioner/complainant or deposit the same along with the amount payable to the State before the trial Court within six months. Revision is disposed of as above. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge Crl.R.P. No. 975 of 2010 -:3:-