IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.Rev.Pet.No. 3347 of 2009() ------------------------------ CRA.20/2004 of ADDL.SESSIONS COURT (ADHOC)-I, KASARAGOD CC.243/2001 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... REVN. PETITIONER / APPELLANT/ACCUSED -------------------------------------- M.REMESHAN, AGED 30 YEARS, S/O.SUNANDA MANIYANI, MUNDAPALLAM HOUSE, MALLAM.P.O, KASARAGOD. BY ADV. MR. T.B.SHAJIMON SMT. GOVINDU P.RENUKADEVI RESPONDENTS / COMPLAINANT -------------------------- 1. M.VINODAN NAMBIAR, S/O.M.KRISHNAN NAMBIAR KALLUNGAL HOUSE, KARADKA.P.O, KASARAGOD. 2. STATE OF KERALA REP:BY THE PUBLICE PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR. SIJU MATHEW FOR R1 R2 BY PUBLIC PROSECUTOR MR. RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING kkms/ P.S. GOPINATHAN, J. - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 3347 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2009 O R D E R 1. Revision petitioner was convicted by the Judicial First Class Magistrate, Kasarcod in C.C. No.243/2001 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for one month and directed to pay Rs.23,000/- as compensation to the 1st respondent/complainant u/s.357 (3) Cr.P.C. In appeal, the conviction and sentence for imprisonment for one month was confirmed. But, the compensation was enhanced to Rs.46,000/-. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was filed. 3. The revision petitioner along with the 1st respondent settled the matter out of court and jointly filed a petition as Crl.M.Appl.No.10490/2009 seeking permission for compounding the offence. Having heard either side, I Crl.R.P.No. 3347 of 2009 2 find no reason to reject the petition. In the above circumstances, the petition Crl.M.Appl. No.10490/2009 is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act r/w Section 320 (8) of the Code of Criminal Procedure and is set at liberty. P.S. GOPINATHAN, JUDGE shg/