IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.Rev.Pet.No. 1891 of 2008() ------------------------------ CRA.441/2004 of SESSIONS COURT, KASARAGOD MC.249/2004 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... REVN. PETITIONERS: ------------------ 1. HUSSAIN HAJI, AGED 46 YEARS, S/O. MUHAMMED HAJI, PALLIPPATH HOUSEM IRIKKOOR , KANNUR DISTRICT 2. P.K. MUHAMMED, AGED 48 YEARS, S/O. USMAN, KOLARI VILLAGE, PARARA POST, KANNUR DISTRICT BY ADV. SRI.P.ABDUL JALEEL RESPONDENTS: ------------- STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.P. RAVINDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1891 of 2008 * * * * * * * * * * * * * * * * * * Dated: 13-06-2008 ORDER Petitioners were the sureties for the accused in C.C. No. 105 of 1999 on the file of the Chief Judicial Magistrate, Kasaragod which was a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs. 3,26,000/-. The bond amount was Rs. 20,000/- each. 2. Consequent on the non-appearance of the accused before the Magistrate from the year 1999 onwards, proceedings were initiated against the petitioners under Sec. 446 Cr.P.C. as M.C. 249 of 2004. To the show cause notice issued to them in Form No. 48 of II Schedule of Cr.P.C. they had no valid explanation to be offered. Thereupon, the learned Chief Judicial Magistrate , imposed a sum of Rs. 10,000/- as penalty to each of the petitioners. On appeal preferred by the petitioners before the Sessions Court, Kasaragod as Crl. Appeal No. 441 of 2004, the lower appellate Court reduced the penalty to Rs. 5,000/- each. Hence this Revision. 3. The learned counsel for the petitioners would submit that the accused in C.C. No. 105 of 1999 (which was subsequently Crl.R.P. 1891 of 2008 -:2:- renumbered as C.C. 367 of 2006 before the J.F.C.M. II, Kasaragod) had surrendered before the Magistrate on 11-4-2006 and was found guilty on 30-11-2007. He therefore, prayed for leniency. The subsequent appearance of the accused or the subsequent conviction of the accused for whom the petitioners stood as sureties cannot be a ground for absolving the sureties from their liability to pay the penalty. However, having regard to the aforesaid subsequent event, I am inclined to reduce the penalty to Rs. 3,000/- each. The petitioners shall deposit the reduced penalty amount within one month from today failing which recovery proceedings shall be initiated against them. This Crl. R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.