IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3438 of 2009()
1. BADARUDEEN, PUTHENVILA VEEDU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SAINULABDEEN, S/O.SULAIMAN KUNJU,
For Petitioner :SRI.M.L.SURESH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :19/11/2009
O R D E R
P.S.GOPINATHAN, J.
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Crl.R.P.No.3438 of 2009
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Dated this the 19th day of November, 2009
ORDER
The Judicial Magistrate of the First Class, Paravoor in
C.C.No.993 of 2003 on his file convicted the revision petitioner
for offence under Section 138 of the Negotiable Instruments Act
and sentenced to simple imprisonment for five days and ordered
to pay Rupees one lakh as compensation under Section 357(3) of
the Code of the Criminal Procedure to the second respondent,
who was the complainant. In Criminal Appeal No.473 of 2007,
Sessions Judge, Kollam, by judgment dated 5/9/2008, confirmed
the conviction and sentence. Now this revision petition.
2. Today when the revision petition came up for
admission, the learned counsel for the revision petitioner
submitted that he is not assailing the conviction, but assailing
the sentence. According to the learned counsel the revision
petitioner is a pensioner aged 64 years. Hence he is entitled to a
little leniency in sentence. There is some merit in the submission.
3. In the above circumstance, the revision petition is
allowed in part. While confirming the conviction, the substantive
sentence is reduced to imprisonment till rising of the court. The
Crl.R.P.No.3438 of 2009
2
order to pay Rupees one lakh to the second respondent as
compensation is sustained with a default sentence of 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