RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS revision is directed against the order dated 20.7.2011 in Crl.A. No.29 of 2011, whereby the lower appellate court had reduced the penalty amount imposed on the revision petitioner from Rs.25,000/- to Rs.15,000/-.

(2.) THE petitioner, along with another person, bail out the accused involved in an offence punishable under Section 138 of the Negotiable Instruments Act. From the order of the court below, it is seen that later the accused made him self scarce and the court below issued notice to the sureties and on appearance, they sought for time to produce the accused before court. Since the were not able to produce the accused, proceedings were initiated against them. The revision petitioner was one among the sureties against whom proceedings were initiated. After following the necessary procedures, the trial court found that the petitioner was unable to show any cause as to why penalty should not be imposed against him and therefore directed the revision petitioner to pay penalty of Rs.25,000/-

(3.) LEARNED counsel for the revision petitioner pointed out that the court below imposed penalty only against the petitioner and it is highly improper and prays that some leniency may be shown with regard to the amount to be paid as penalty.