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. 3839 of 2009() ------------------------------ CRA.34/2009 of ADDITIONAL SESSIONS JUDGE(ADHOC-III), N.PARAVUR CC.1045/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- T.V.DHARMARAJAN, AGED 72, USHUS (PALAKKAPPILLIL) HOUSE, THOTTUMUGHAM, CHOWARA, ALUVA, ERNAKULAM (DIST). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. P.A.JACOB, MANAGER, SAGA KURIES (P) LTD., KODAVATH SHOPPING COMPLEX, ALUVA, ERNAKULAM (DIST). 2. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.RITHWIK 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.3839 of 2009 ---------------------------------------- Dated this the 10th day of December, 2009 ORDER Assailing the concurrent finding of conviction and sentence of simple imprisonment for three months with a compensation of Rs.50,000/-, for offence under Section 138 of the Negotiable Instruments Act, this revision petition was filed. 2. When the revision petition came up for admission, the learned counsel for the revision petitioner submitted that he is not assailing the conviction, but the sentence is assailed. It is argued that the revision petitioner is a septuagenarian with no independent source of income and in the above circumstance the sentence awarded is very harsh and he deserves leniency. Having gone through the judgments of the courts below, I find merit in the submission and that a sentence of imprisonment till rising of the court with order to pay compensation 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 with order to pay Rs.50,000/- as compensation to the first respondent who is the Crl.R.P.No.3839 of 2009 2 complainant before the trial court. In default of payment of compensation, the revision petitioner shall undergo simple imprisonment for four months. The revision petitioner is granted six months time to pay the compensation. Till then, the bail bond executed by him shall remain in force. P.S.GOPINATHAN, JUDGE skj