IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3910 of 2009() ------------------------------ CRA.283/2008 of SESSIONS COURT, KASARAGOD CC.684/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER/APPELLANT/ACCUSED -------------------------------------- P.K.SURYA PRAKASH, AGED 47 YEARS, S/O APPU, RESIDING AT AVIKKARA QUARTERS, PO KANHANGAD. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. T.N.GOPINATHAN, AGED 56 YEARS, S/O NARAYANAN NAIR, SREE SHYLAM, AINGOTH, PO PADANNAKKAD, HOSDURG TALUK, KASARAGOD DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.CISSY MATHEWS FOR R1 PUBLIC PROSECUTOR: SRI JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No.3910 of 2009 ---------------------------------- Dated this the 17th day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-I, Hosdurg in C.C.No.684 of 2007 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for one year and compensation of Rs.1,87,000/- with a default sentence of simple imprisonment for four months. In Criminal Appeal No.283 of 2008, the conviction was confirmed. The substantive sentence was reduced to simple imprisonment for ten days. The order to pay compensation with default sentence was sustained. Now this revision petition. 2. The revision petitioner along with the first respondent settled the matter out of court and filed Crl.M.Appl.No.12424 of 2009 seeking an order to record compounding. Having heard either side, I find no reason to reject the petition. Hence the petition Crl.M.Appl.No.12424 of 2009 is recorded and the revision petitioner would stand acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure and is set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.