IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Crl.Rev.Pet.No. 3148 of 2009() ------------------------------------------ CRA.29/2008 of ADDL. SESSIONS COURT (NDPS ACT CASES), THODUPUZHA ST.1090/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------- C.P. THOMAS, S/O.PHILIPOSE, AGED 45 YEARS, CHENNATTUPARAMBIL HOUSE, ROYAL AUTOMOBILES, THEATRE JUNCTION, ANAKKARA. BY ADV. MR.SIVARAM RESPONDENT/RESPONDENT/COMPLAINANT: ---------------------------------------------------------------- 1. JOBY MATHEW, NEELAKKALLIL HOUSE, PAMPUPARA, ANAKKARA VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.JAYAKRISHNAN. R1 BY ADV. MR.TERRY V.JAMES. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.S.GOPINATHAN, J. = = = = = = = = = = = = = Crl.R.P.No.3148 of 2009. = = = = = = = = = = = = = Dated this the 15th day of October, 2009. O R D E R Revision petitioner is the accused in ST.No.1090/2006 on the file of the Judicial Magistrate of First Class, Kattappana. The first respondent herein prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate after due trial found the revision petitioner guilty. Consequently he was convicted and sentenced to simple imprisonment for six months and a fine of Rs.40,000/- with default sentence of simple imprisonment for a further period of one month. Rs.35,000/- was ordered to be paid to the first respondent as compensation, if fine is realised. Crl.Appeal No.29/2008 preferred by the revision petitioner was dismissed. Assailing the above conviction and sentence as confirmed in appeal, this revision petition was filed. 2. Now the revision petitioner and the first respondent have settled the matter out of court and filed a Crl.R.P.No.3148 of 2009. -: 2 :- joint petition as Crl.M.A.No.9767/2009 seeking permission to compound the offence. 3. Having heard either side, I find no reason to reject the petition. Hence, the petition Crl.M.A. No. 9767/2009 is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with Sec.320(8) of the Code of Criminal Procedure and set at liberty. Criminal Revision Petition is disposed of as above. P.S.GOPINATHAN, JUDGE. Kvs/-