IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3678 of 2009()
1. GANESH, AGED 59, S/O.KUZHANTHAVEL
... Petitioner
Vs
1. S.V.PRASAD AGED 47
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.R.GIREESH VARMA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :03/12/2009
O R D E R
P.S.GOPINATHAN, J.
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Crl.R.P.No.3678 of 2009
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Dated this the 3rd day of December, 2009
ORDER
The revision petitioner was convicted by the Judicial
Magistrate of the First Class-I, Haripad in C.C.No.752 of 2005 on
his file for offence under Section 138 of the Negotiable
Instruments Act and sentenced to simple imprisonment for three
months and to pay Rs.2,65,000/- as compensation to the first
respondent who was the complainant before the trial court. In
Criminal Appeal No.450 of 2006, the conviction was confirmed.
The substantive sentence was reduced to simple imprisonment
for one month. The amount of compensation was reduced to
Rs.2,15,000/-. It is on taking into account that during the trial
there was a proposal to settle the matter on payment of
Rs.2,50,000/- within a time frame. But the revision petitioner
could not pay the same within the time frame. However he paid
Rs.35,000/-. 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
Crl.R.P.No.3678 of 2009
2
petitioner settled the matter and could not pay the amount in
time because of the financial difficulties and hence he was
constrained to face the prosecution and that he would pay the
amount within a short period and in the circumstance, he is
entitled to leniency in sentence. I find merit in the submission
made by the learned counsel for the revision petitioner and that
the revision petitioner is entitled to leniency in sentence.
In the result, the revision petition is allowed in part. While
confirming the conviction, the sentence is reduced to
imprisonment till rising of the court and to pay Rs.2,15,000/- as
compensation to the first respondent under Section 357(3) of the
Code of Criminal Procedure. In default of payment of
compensation, the revision petitioner shall undergo simple
imprisonment for five months. The revision petitioner is granted
six months time for payment of compensation. Till then, the bail
bond executed by him shall remain in force.
P.S.GOPINATHAN, JUDGE
skj