IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.Rev.Pet.No. 3979 of 2009() ------------------------------ CRA.21/2008 of ADDL.SESSIONS COURT-III, KOZHIKODE ST.2275/2005 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: ------------------------------------------------------------------ M.P.HAFSATH,W/O.SALIM,RUBY,KURIKKAL ROAD CHIRAMANGALAM,NEDUVA,PARAPPANANGADI, MALAPPURAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SREE GOKULAM CHITS & FINANCE CO.LTD, GOKULAM TOWERS,NO.66,AROOT ROAD,CHENNAI,REP.BY HIS LEGAL ASSISTANT SAVITHA.V,W/O.THYAGARAJ,DIVISIONAL OFFICE,TECHNI TOP BUILDINGS,VAIKOM MUHAMMED BASHEER ROAD,KOZHIKODE. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN,J. ================ Crl.R.P. No. 3979 of 2009 ===================== Dated this the 22th day of December, 2009. O R D E R The revision petitioner was convicted by the Judicial Magistrate of First Class I, Kozhikode in S.T.No.2275/05 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for one year and to pay Rs.2,97,000/- as compensation to the 1st respondent who was the complainant. Though the revision petitioner preferred Crl.Appeal.No.21/08, she was unsuccessful. Now this revision. 2. The learned counsel for the revision petitioner submitted that he is not assailing the conviction but the sentence is assailed. According to the learned counsel the revision petitioner is a house wife without any avocation and that the liability arose out of a kuri transaction and in the circumstance leniency may be shown to her in sentencing. 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 fine of Rs.2,97,000/- would meet the ends of justice. In the result, the revision petition is allowed in part. While Crl.R.P. No. 3979 of 2009 2 confirming the conviction, the substantive sentence is reduced to imprisonment till rising of the court and a fine of Rs.2,97,000/-. In default to pay the fine, the revision petitioner shall undergo simple imprisonment for six months. Revision petitioner is given six months time to remit the fine. Till then the bail bond executed by her shall remain in force. Fine, if any collected, shall be paid to the 1st respondent as compensation under section 357(1) of the Code of Criminal Procedure. P.S.GOPINATHAN,JUDGE. mns