IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.MC.No. 695 of 2008() ---------------------------- S.T.NO. 2189/1996 of JUDICIAL FIRST CLASS MAGISTRATE, IRINJALAKUDA PETITIONER: ACCUSED/COMPLAINANT ------------------------------------------- 1. P.G.SEBASTIAN, MARAMBAL HOUSE NEAR ST.ANTONY'S CHURCH, KOCHI-17. 2. LAZAR, S/O.DEVASSY KOCHERY HOUSE, MNAVALASSERY VILLAGE IRINJALAKUDA BY ADV. SRI.C.J.JOY SRI.K.K.VIVEKANANDAN SRI.KURIAKOSE G.THEKKEL SRI.PAULSON C.VARGHESE RESPONDENTS: STATE -------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.M.S.BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 695 of 2008 ========================== Dated this the 22nd day of February, 2008. O R D E R In this petition filed jointly by the accused and the complainant, they seek permission to compound the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The 1st petitioner was the accused in S.T. No. 2189/1996 on the file of the Judicial First Class Magistrate, Irinjalakuda. The conviction entered against the 1st petitioner was confirmed by this Court in Crl.R.P. No. 316 of 2000 wherein the sentence was modified by directing the 1st petitioner to undergo imprisonment for one week and to pay a compensation of Rs.40,000/-. It is agreed that the 2nd petitioner/complainant has received the compensation from the 1st petitioner within the time granted by this Court. But then, this Court had also sentenced the 1st petitioner to imprisonment for one week. The said sentence cannot be interfered with by this Court itself in a petition of this nature filed under Section 482 Cr.P.C. The Supreme Court alone can interfere with the conviction as confirmed by this Court. Post CRL.M.C.NO. 695/2008 -: 2:- revision composition is also not permissible in the light of the decision of the Division Bench reported in Sudheer Kumar v. Kunhiraman (2008(1) KLT 168). Hence, this petition is dismissed and the petitioner is directed to appear before the trial court on 07.04.2008 for receiving the sentence of imprisonment. V. RAMKUMAR, JUDGE. rv CRL.M.C.NO. 695/2008 -: 3:-