IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3417 of 2009()
1. T.KUNHIMOIDEEN, S/O.MOIDEENKUTTY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. A.M.C.MAMMU, S/O.ABDULLA,
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :17/11/2009
O R D E R
P.S.GOPINATHAN, J.
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Crl.R.P.No.3417 of 2009
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Dated this the 17th day of November, 2009
ORDER
The revision petitioner was convicted by the Judicial
Magistrate of the First Class, Thalassery, for offence under
Section 138 of the Negotiable Instruments Act and sentenced to
simple imprisonment for six months and a fine of Rs.5,000/-. He
was ordered to pay Rs.70,000/- to the second respondent as
compensation under Section 357(3) of the Code of Criminal
Procedure. In Criminal Appeal No.868 of 2003, the conviction
was confirmed. The sentence was reduced to simple
imprisonment for six months with an order to pay Rs.70,000/- as
compensation to the second respondent.
2. Assailing the legality, correctness and propriety of the
above conviction and sentence, this revision petition was filed.
3. The second respondent took notice and entered
appearance. 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
revision petitioner is a coolie and he is in his sixties and that he
Crl.R.P.No.3417 of 2009
2
had already deposited the compensation amount before the trial
court and in that circumstances, he is entitled to a little leniency
in sentence.
4. Having heard either side, I find that the submissions
made by the learned counsel deserves merit and that a sentence
of imprisonment till rising of the court and a fine of Rs.70,000/-
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 a fine of Rs.70,000/-. In
default of payment of fine the revision petitioner shall undergo
simple imprisonment for four months. Fine, on realisation shall
be paid to the 2nd respondent as compensation. In the event the
revision petitioner had deposited any amount before the trial
court, the second respondent is at liberty to apply for release of
the amount.
P.S.GOPINATHAN, JUDGE
skj