IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3897 of 2009() ------------------------------ CRA.No.420 of 2008 OF ADDITIONAL SESSIONS COURT(ADHOC-II), KOZHIKODE S.T.No.507 of 2006 of JUDICIAL MAGISTRAE OF THE FIRST CLASS-IV, KOZHIKODE REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- P.RAJAN, S/O.IMPICHI, AGED 45 YEARS, ROOM NO-3, MANIYAMBALAM QUARTERS, ANAKUZHIKKARA, P.O.KUTTIKKATTOOR, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN LATHA PRABHAKARAN RESPONDENTS: RESPONDENTS IN APPEAL/COMPLAINANT & STATE -------------------------------------------------------- 1. K.VASANTHA, AGED 48 YEARS, W/O.BHASKARAN, PALAKKOTTU VAYAL HOUSE, P.O.MAYANAD, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ------------------------------- Crl.R.P.No.3897 of 2009 -------------------------------- Dated this the 16th day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-IV, Kozhikode in S.T.No.507 of 2006 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for one month and to pay Rs.43,000/- as compensation to the first respondent under Section 357(3) of the Code of Criminal Procedure. Though he preferred Criminal Appeal No.420 of 2008, he was not successful. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was filed. 2. The learned counsel for the revision petitioner submitted that he is not assailing the conviction, but the sentence is assailed. According to him, the revision petitioner is a Lottery Ticket Vendor and that the financial difficulties led him to face the prosecution and in the above circumstance, he may be dealt with leniency. Having taken into account of the facts and circumstances, the revision petitioner deserves leniency in sentence and that a sentence of imprisonment till rising of the Crl.R.P.No.3897 of 2009 2 court with order to pay compensation as ordered by the trial court and confirmed in appeal would meet the ends of justice. 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 and to pay Rs.43,000/- as compensation to the first respondent under Section 357(3) of the Code of Criminal Procedure. In default to pay compensation, revision petitioner shall undergo simple imprisonment for two months. The revision petitioner is granted six months time to remit the compensation. Till then, the bail bond executed by him shall remain in force. The amount if any, already deposited shall be given credit to. P.S.GOPINATHAN, JUDGE skj