C.S.Sreekuttan vs State Of Kerala on 3 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3758 of 2009()



1. C.S.SREEKUTTAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.MANSOOR.B.H.

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :03/12/2009

 O R D E R
                      P.S.GOPINATHAN,J.
                   -----------------------------------
                    Crl.R.P.No.3758 of 2009
                   ----------------------------------
          Dated this the 3rd day of December, 2009

                               ORDER

The revision petitioner was convicted by the Judicial

Magistrate of the First Class-II, North Paravur in S.T.No.3827 of

2005 on her file and sentenced to imprisonment till rising of the

court and a fine of Rs.1,50,000/-. Fine, if realised was ordered to

be paid as compensation to the second respondent who is the

complainant before the trial court. In appeal, the conviction and

sentence were confirmed. The compensation to be paid to the

first respondent was reduced to Rupees one lakh. Now this

revision.

2. Today when the revision petitioner came up for

admission, 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 trial

court has imposed a fine of Rs.1,50,000/-, though the cheque was

only for Rupees one lakh and the same was ordered to be paid as

compensation to the first respondent. In appeal, the

compensation was reduced to Rupees one lakh. It is submitted

that the balance amount shall go to the State and it is not

Crl.R.P.No.3758 of 2009
2

justified. I do not find any error, impropriety or illegality in

imposing fine within the statutory provision and crediting

balance, after paying compensation, to the State fund. However,

I find that the revision petitioner is entitled to a little more

leniency and that a fine of Rs.1,10,000/- would meet the ends of

justice.

In the result, this revision petition is allowed in part.

While confirming the substantive sentence, the fine is reduced to

Rs.1,10,000/- with default sentence as ordered by the trial court.

Fine, if realised, Rs.1,00,000/- shall be given as compensation to

the second respondent. The revision petitioner is granted six

months time to pay the fine. Till then, the bail bond executed by

him shall remain in force.

P.S.GOPINATHAN, JUDGE

skj.