IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.Rev.Pet.No. 740 of 2004(B) ----------------------------------------- CRA.386/2002 OF ADDL. SESSIONS COURT (ADHOC), FAST TRACK NO.I, THRISSUR CC.325/2000 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... REVN. PETITIONER/ APPELLANT/ACCUSED. -------------------------------------------------------------- ABOOBAKER, S/O.ABDHU, PUTHENVEEDU, THRIKKUMARAMKUDAM, P.O.KANATTUKARA, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE. --------------------------------------------------------------------------------------- 1. K.SASIKUMAR, S/O.KAMALADEVI AMMA, KEDAKEDATH HOUSE, KUMARANELLUR VILLAGE, THALAPPILLY TALUK. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2 ADV. SRI.K.RAMACHANDRAN FOR R1 ADV. SRI.P.RAMACHANDRAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 740 OF 2004 =========================== Dated this the 28th day of October,2008 ORDER Petitioner is the accused and first respondent the complainant in C.C.325/2000 on the file of Judicial First Class Magistrate, Wadakkanchery. Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Though petitioner challenged the conviction before Sessions Court, Thrissur in Crl.A.386/2002 conviction was confirmed but sentence was modified. It is challenged in this revision. 2. Revision petitioner and first respondent jointly filed Crl.M.Appl.10519/2008 an application under section 147 of Negotiable Instruments Act for permission to compound the offence stating that they have settled the dispute amicably and first respondent has no further grievance against the petitioner. It is also stated that as directed by this court petitioner deposited Rs.1 lakh before CRRP 740/2004 2 the Magistrate and petitioner may be allowed to withdraw the amount. As the petition is signed by first respondent and his counsel, it is allowed. Permission is granted to compound the offence. Offence is compounded. Petitioner is permitted to withdraw the amount, if any, deposited before Judicial First Class Magistrate, Wadakkanchery as directed by this court. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006