IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3844 of 2009() ------------------------------ CRA.76/2008 of I ADDL.SESSIONS COURT, THODUPUZHA ST.1694/2006 of JUDICIAL MAGISTRATE OF THE FIRST CLASS-II, PEERMADE .................... REVN. PETITIONER: --------------------- AJA BASHEER, W/O.BASHER, VALIYICKAL VEEDU, PARAKKADAVU KARA, KANJIRAPPALLY.P.O. BY ADV. SRI.V.S.AFSAL KHAN RESPONDENTS: --------------- 1. SALESHA THAJUDHEEN, W/O.THAJUDHEEN, AZADH HOUSE, ROSAPPOOKKANDAM KARA, KUMILY VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3844 of 2009 ---------------------------------------- Dated this the 10th day of December, 2009 ORDER The Judicial Magistrate of the First Class-II, Peermade in S.T.No.1694 of 2006 on his file convicted the revision petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for three months and to pay Rs.8,000/- as compensation to the first respondent. In Criminal Appeal No.76 of 2008, the First Additional Sessions Judge, Thodupuzha confirmed the conviction. The substantive sentence was reduced to simple imprisonment for one month. The order to pay compensation was sustained. Now this revision petition. 2. The learned counsel for the revision petitioner submitted that he is not assailing the conviction. But the sentence is assailed. It is submitted that the revision petitioner is a house wife with no avocation and in the circumstance she may be dealt with leniency. Having due regard to the facts and circumstances, I find merit in the submission and that imprisonment till rising of the court with order to pay compensation would meet the ends of justice. Crl.R.P.No.3844 of 2009 2 In the result, this revision petition is allowed in part. While confirming the conviction, the sentence is reduced to imprisonment till rising of the court. The order to pay compensation is sustained with default sentence as ordered by the trial court. The revision petitioner is granted three months time to pay the compensation. Till then, the bail bond executed by her shall remain in force. P.S.GOPINATHAN, JUDGE skj