K.Soman vs P.G.Koshy Panicker on 7 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2429 of 2009()


1. K.SOMAN, AGED 54, MANJU BHAVAN
                      ...  Petitioner

                        Vs



1. P.G.KOSHY PANICKER
                       ...       Respondent

2. STATE OF KERALA, REP BY

                For Petitioner  :SRI.K.S.MANU (PUNUKKONNOOR)

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :07/12/2009

 O R D E R
                     P.S.GOPINATHAN,J.
                  -----------------------------------
                   Crl.R.P.No.2429 of 2009
                  ----------------------------------
          Dated this the 7th day of December, 2009

                              ORDER

The revision petitioner was convicted by the Judicial

Magistrate of the First Class-I, Kollam in C.C.No.812 of 2001 for

offence under Section 138 of the Negotiable Instruments Act and

sentenced to simple imprisonment for six months and to pay

Rs.25,000/- as compensation under Section 357(3) of the Code of

Criminal Procedure to the first respondent. In Criminal Appeal

No.731 of 2005, the Additional Sessions Judge (Adhoc-I) Kollam,

confirmed the conviction. The substantive sentence was reduced

to simple imprisonment for three months. The order to pay

compensation was sustained. Now this revision petition.

2. When the revision petition came up for hearing, the

learned counsel for the revision petitioner submitted that he is

not assailing the conviction, but the sentence is assailed. The

learned counsel would submit that revision petitioner is in his

fifties and without any avocation and that he had already

deposited Rs.12,500/- before the trial court and that he is

prepared to deposit the balance amount. In the above

circumstances, leniency was sought in sentencing. Taking into

Crl.R.P.No.2429 of 2009
2

account of the entire facts and circumstances, I find that the

submission merits consideration and that sentence of

imprisonment till rising of the court with order to pay

compensation as ordered by the courts below would meet the

ends of justice.

In the result, this 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.25,000/- as

compensation to the first respondent under Section 357(3) of the

Code of Criminal Procedure. The revision petitioner is granted

two months time to pay the compensation. Till then, the bail

bond executed by him shall remain in force. The amount already

deposited shall be given credit to.

P.S.GOPINATHAN,JUDGE

skj