IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.Rev.Pet.No. 1898 of 2010() ------------------------------ CRMP.373/2010 of SESSIONS COURT, KOLLAM .................... REVN. PETITIONER(S): COUNTER PETITIONER 1&2 IN SUOMOTO PROCEEDING 1. MANOJ, S/O.MANIKANTAN, THUNDIL VADAKKETHIL, MANNIMEL CHERI, SAKTHIKULANGARA VILLAGE, KOLLAM. 2. SUJALA, D/O.PENNAMMA, PAVOOR KIZHAKETHIL, KANNIMEL CHERI, SAKTHIKULANGARA VILLAGE, KOLLAM. BY ADV. SRI.S.SOMAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22-6-2010 , THE COURT ON 22/06/2010 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1898 of 2010 * * * * * * * * * * * * * * * * * * Dated: 22-06-2010 ORDER Petitioners who were the sureties for the accused in S.T. No. 89 of 2005 on the file of the Chief Judicial Magistrate, Kollam which was a prosecution for an offence punishable under Sec. 138 of the Negotiable Instruments, Act,1881 challenge the order passed by the court below directing them to pay the bond amount of Rs. 60,000/- as penalty. 2. Consequent on the non-appearance of the accused in S.T. No. 89 of 2005 before the Magistrate proceedings were initiated against the petitioner and the other surety under Sec. 446 Cr.P.C. To the show cause notice issued to them, they did not offer any satisfactory explanation. Thereupon, the court below imposed a sum of Rs. 60,000/- each as penalty as per the impugned order dated 19/3/2008 . It is the said order which is assailed in this Crl.M.C. Eventhough the petitioners had filed an appeal before the Sessions Court, Kollam, the lower appellate Court dismissed the appeal on the ground of limitation. Hence, this Petition. Crl.R.P. No. 1898 of 2010 -:2:- 2. Having regard to the fact that there is nothing on record to show that the petitioners were privies to the abscondance of the accused and also having further regard to the fact that the petitioners are hailing from impecunious circumstances, I am inclined to reduce the penalty. Accordingly, the penalty is reduced to Rs. 7,500/- (Rupees seven thousand five hundred only) each. The petitioners shall deposit the reduced penalty before the court below within one month from today. This Crl.R.P. is disposed of as above. Dated this the 22nd day of June, 2010. V. RAMKUMAR, JUDGE. ani/