IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3673 of 2009() ------------------------------ CRA.211/2007 of ADDL. SESSIONS COURT (ADHOC)-II, ALAPPUZHA CC.246/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II,ALAPPUZHA .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- SUBRAMANIAN, STAFF OF BANK OF BARODA, ALAPPUZHA, RESIDING AT DEVASWOM PARAMBU, MULLAKKAL, ALAPPUZHA. BY ADV. SRI.SUNIL J.CHAKKALACKAL SMT.AUGNES LOVELY FRANCIS RESPONDENTS: RESPONDENT/NOT PARTY/COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. JOHN SEBASTIAN, RESIDING AT SURABHI, M.O.WARD, ALAPPUZHA. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN ADVOCATE SRI.GOKUL DAS SRI.P.V.THOMAS THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No.3673 of 2009 ---------------------------------- Dated this the 3rd day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-II, Alappuzha in C.C.No.246 of 2005 on his file for offence under Section 138 of the Negotiable Instruments Act and was sentenced to imprisonment till rising of the court and to pay Rs.40,000/- as compensation to the second respondent who was the complainant. In Criminal Appeal No.211 of 2007, the conviction and sentence were confirmed. Now this revision. 2. The revision petitioner along with the second respondent settled the matter out of court and filed Crl.M.Appl.No.11623 of 2009 seeking an order to record compounding. Having heard either side, I find no reason to reject the petition. Hence the petition Crl.M.Appl.No.11623 of 2009 is recorded. The revision petitioner would stand acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure and is set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.