Mohandas.T vs C.Haridasan on 9 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3802 of 2009()


1. MOHANDAS.T, S/O.MUNDAN,
                      ...  Petitioner

                        Vs



1. C.HARIDASAN, S/O.APPU NAIR (LATE),
                       ...       Respondent

2. THE STATE REPRESENTED BY THE PUBLIC

                For Petitioner  :SRI.T.K.SAIDALIKUTTY

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :09/12/2009

 O R D E R
                   P.S.GOPINATHAN, J.

                = = = = = = = = = = = = =
                  Crl.R.P.No.3802 of 2009.
                = = = = = = = = = = = = =

         Dated this the 9th day of December, 2009.

                       O R D E R

The revision petitioner was convicted by the Judicial

Magistrate of the First Class-II, Perinthalmanna in

CC.No.320/2008 on his file for offence under Sec.138 of the

Negotiable Instruments Act and sentenced to simple

imprisonment for four months. In criminal appeal, while

confirming the conviction, the substantive sentence was

reduced to simple imprisonment for two months. Now this

revision.

2. Today, when the revision petition came up for

admission, the learned counsel for the revision petitioner

submits that he is not assailing the conviction, but the

sentence is assailed. According to the learned counsel, the

revision petitioner who is aged 30 years, is a man without

any avocation and in the above circumstance leniency may

be shown to him in awarding sentence. No compensation

was awarded to the first respondent by the courts below. In

Crl.R.P.No.3802 of 2009.

-: 2 :-

that circumstance, I find that a modification of the sentence

is absolutely necessary and that a sentence of imprisonment

till rising of the Court with order to pay Rs.50,000/- as

compensation to the first respondent would meet the ends

of justice.

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

part. While confirming the conviction, the substantive

sentence is reduced to imprisonment till rising of the Court

with order to pay Rs.50,000/- (Rupees fifty thousand only)

as compensation to the first respondent under Sec.357(3) of

the Code of Criminal Procedure. In default of payment of

compensation, the revision petitioner shall undergo simple

imprisonment for two months. The revision petitioner is

granted six months time to pay the compensation. Till then,

the bond executed by the revision petitioner shall remain in

force.

P.S.GOPINATHAN, JUDGE.

Kvs/-