IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Crl.Rev.Pet.No. 3606 of 2009() ----------------------------------------- CRA.289/2004 OF 1ST ADDL. SESSIONS COURT, KOLLAM C.C.38/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKKARA. .................... REVN.PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------------- PRATHAPACHANDRAN NAIR, S/O.SREEDHARAN NAIR, BUNGLOWIL PUTHEN VEEDU, THEVANOOR MURI, VALAKOM VILLAGE, KOTTARAKKARA. BY ADV. MR.T.S.RAJASENAN RESPONDENTS/RESPONDENTS/COMPLAINANT --------------------------------------------------------------------- 1. GOPINATHA PILLAI, S/O.PADMANABHA PILLAI, THARAMEL PUTHEN VEEDU, VAYAKKAL MURI, VALAKOM VILLAGE, KOTTARAKKARA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL. R3 TO R5 IMPLEADED ADDL. R3: SANTHA KUMARY, AGED 62 YEARS, W/O.LATE GOPINATHA PILLAI, THARAMEL PUTHEN VEEDU, VAYAKKAL MURI, VALAKOM VILLAGE, KOTTARAKKARA. ADDL. R4: PRASANTH, AGED 26 YEARS, S/O.LATE GOPINATHA PILLAI, THARAMEL PUTHEN VEEDU, VAYAKKAL MURI, VALAKOM VILLAGE, KOTTARAKKARA. ADDL. R5: PRIYA, AGED 22 YEARS, D/O.LATE GOPINATHA PILLAI, THARAMEL PUTHEN VEEDU, VAYAKKAL MURI, VALAKOM VILLAGE, KOTTARAKARA. * R3 TO R5 IMPLEADED AS ADDITIONAL RESPONDENTS AS PER ORDER DATED 17/11/2009 IN CRL.MA.NO.9961/2009. R2 BY PUBLIC PROSECUTOR MR.JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/12/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.S.Gopinathan, J. ========================================== Crl.R.P.3606 of 2009 ========================================== Dated this the 23rd day of December, 2009. ORDER 1.The Judicial Magistrate of the First Class-I, Kottarakara in C.C.No.38 of 2003 on his file convicted the revision petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for five months and to pay a compensation of Rs.50,000/- with default clause to undergo simple imprisonment for five months. In Crl.A.No.289 of 2004, the conviction and sentence were confirmed. Now this revision. 2.The revision petitioner along with additional respondents 3 to 5 settled the matter out of court and filed Crl.M.A.No.12615 of 2009 to record compounding. Having heard either side, I find no reason to reject the petition. Hence, the petition, Crl.M.A.12615 of 2009 is recorded CRRP3606/09 -:2:- and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure and set at liberty. The amount, if any deposited before the trial court, shall be refunded to additional respondents 3 to 5. Crl.R.P. is disposed of as above. P.S.Gopinathan, Judge. sl.