IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Crl.Rev.Pet.No. 391 of 2001() ----------------------------- CRA.176/1997 of SESSIONS COURT, ALAPPUZHA CC.329/1993 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED:- --------------------- JOSEPH SYRIAC CHENNOTHU KARIYIL HOUSE, KOKKOTHAMANGALAM VILLAGE. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): RESPONDENTS/COMPLAINANT& STATE:- --------------- 1. K.S.MANOJ, KOLLAMPARAMBIL HOUSE, WARD NO.XIX, CHERTHALA MUNICIPALITY, CHERTHALA P.O. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU FOR R2 SRI.P.JACOB VARGHESE, SENIOR ADVOCATE FOR R1 SRI.G.GOPAKUMAR (TVM) FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl..M.P. No.1771/2001 in Crl.R.P. No. 391/2001 Dismissed 10-11-2009 Sd/-P.Q. Barkath Ali, Judge. /true copy/ P.S. to Judge. P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 391 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 10th day of November, 2009 O R D E R In this revision petition the accused in C.C.No.329 of 1993 of the Judicial Magistrate of the First Class-I, Cherthala challenges his conviction under section 138 of the Negotiable Instruments Act and sentence to undergo simple imprisonment for six months and to pay fine of Rs.3,000/-, in default to undergo simple imprisonment for a further period of three months, which was confirmed in appeal by the Sessions Court, Alappuzha in Crl.A.No.176 of 1997 by judgment dated February 24, 2001. 2. When the revision petition came up today, the revision petitioner/accused and the 1st respondent/complainant filed a joint petition Crl.M.A.No.11022 of 2009 seeking permission to compound the offence. This application is allowed and the offence is compounded. 3. In the result, as the offence is compounded, the revision petition is allowed. The conviction and sentence of the revision petitioner by the trial, court which was confirmed in appeal by the lower appellate court are set aside and the revision petitioner/accused is acquitted under section 320 Crl.R.P.No.391/01 2 Cr.P.C.. His bail bonds are cancelled. Fine, if any, is deposited by the revision petitioner before the trial court, it shall be refunded to him. P.Q. BARKATH ALI, JUDGE mn Crl.R.P.No.391/01 3 P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Crl.R.P. No. 391 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- O R D E R 10th day of November, 2009