IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Crl.Rev.Pet.No. 247 of 2003() ----------------------------- CRA.435/2000 of III ADDL. SESSIONS JUDGE (ADHOC), THRISSUR ST.2116/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- M.O. THOMAS, S/O. OUSEPH, MENACHERY HOUSE, ELENJIPRA, CHALKKUDY. BY ADV. SRI.U.O.JOSE RESPONDENTS: RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------- 1. BABU SEBASTIAN, S/O. JOSEPH, KOTTAKKAL HOUSE, V.R. PURAM, CHALAKKUDY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.S.KRISHNAKUMAR FOR R1 PUBLIC PROSECUTOR SRI.RITHWIK THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.247 of 2003 ---------------------------------------- Dated this the 15th day of September, 2009 ORDER The revision petitioner is the accused in S.T.No.2116/98 on the file of the Judicial Magistrate of the First Class, Chalakudy. The first respondent herein prosecuted the revision petitioner for offence under section 138 of the Negotiable Instruments Act. The learned magistrate, after due trial, found the revision petitioner guilty. Accordingly, he was convicted and sentenced to simple imprisonment for six months. He was also directed to pay Rs.50,000/- as compensation to the first respondent under section 357(3) of the Code of the Criminal Procedure. The learned Additional Sessions Judge, Thrissur, in appeal, confirmed the above conviction and sentence. 2. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed. Today, when the revision petition came up for hearing the revision petitioner and the first respondent jointly filed a petition as Crl.M.Appl.No.8891/09 seeking permission for compounding the offence alleged. Having heard either side and the learned public prosecutor, I find no reason to reject the petition. In the Crl.R.P.No.247 of 2003 2 above circumstances the petition Crl.M.Appl.No.8891/2009 is recorded and the revision petitioner is acquitted U/s.147 of the Negotiable Instruments Act r/w section 320(8) of the Code of Criminal Procedure. He is set at liberty. The amount, if any deposited by the revision petitioner before the trial court in pursuance of the order of this court, shall be released to him. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.