IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3632 of 2009() ------------------------------------------- CRA.39/2008 of ADDL.SESSIONS COURT, KOTTAYAM ST.1118/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... REVN. PETITIONER(S): APPELLANTS/ACCUSED; --------------------------------- 1. SEBASTIAN, S/O.JOSEPH, PEEDIYAKKEL HOUSE PERUNNA P.O., PERUNNA EAST MURI, CHANGANASSERY TALUK, KOTTAYAM. 2. SARITHA ROSE SEBASTIAN, D/O.SEBASTIAN, ICICI BANK EMPLOYEE, PEEDIYAKKEL HOUSE, PERUNNA P.O., PERUNNA EAST MURI, CHANGANASSERY TALUK, KOTTAYAM. BY ADVS.MR.P.VIJAYA BHANU MR.P.M.RAFIQ RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE: --------------------------- 1. VARGHESE, S/O.VARGHESE, KARIMATTATHIL HOUSE, KURISUMOODU P.O., VAZHAPPALLY EAST VILLAGE, CHANGANASSERY, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MRR.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J. = = = = = = = = = = = = = Crl.R.P.No.3632 of 2009. = = = = = = = = = = = = = Dated this the 17th December, 2009. O R D E R The revision petitioners were convicted by the Judicial Magistrate of the First Class-II (Mobile), Kottayam in ST.No.1118/2006 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for six months and to pay Rs.2,08,000/- as compensation to the first respondent, who prosecuted the revision petitioners before the trial court. In Crl.Appeal No.39/2008, the conviction and sentence were confirmed. Now this revision petition. 2. The learned counsel for the revision petitioners submitted that he is not assailing the conviction but the sentence is assailed. According to him, the first respondent is aged 59 and is ailing acutely. The second revision petitioner, the daughter of the first revision petitioner, is an unmarried lady and the first respondent is none other than Crl.R.P.No.3632 of 2009. -: 2 :- her uncle. In the above circumstances, the learned counsel sought for leniency in sentence. I find that the submission merits consideration and that a sentence of imprisonment till rising of the 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 substantive sentence is reduced to imprisonment till rising of the court. The order to pay compensation is sustained with a default clause to undergo simple imprisonment for six months. The revision petitioners are granted six months time to remit the compensation. Till then, the bail bond executed by the revision petitioners shall remain in force. P.S.GOPINATHAN, JUDGE. Kvs/-