IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.Rev.Pet.No. 505 of 2010() ---------------------------------------- CRA.95/2004 of ADDL.SESSIONS JUDGE FAST TRACK COURT (ADHOC)-IV, TRIVANDRUM, ST.10/2002 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM ................................................................................ REVN. PETITIONER(S): REVISION PETITIONER/2ND APPELLANT/2ND ACCUSED ----------------------------------------------------------------------------------------------------------------- B.SATHEESH NAIR, RESIDING AT HOUSE NO.134, DHARSAN NAGAR, PEROORKADA, THIRUVANANTHAPURAM. BY ADVS. SRI.P.V.ANIL SMT.R.RAMYA RESPONDENT(S): 1ST RESPONDENT & COMPLAINANT/ IST APPELLANT& IST ACCUSED AND STATE -------------------------------------------------------------------------- 1. S.NELSON, SANTHOSH BHAVAN, KARAKKATTUVILA, VELIYANCODE. 2. M/S.VASANT APARTMENT AND CONSTRUCTION PVT. LTD., REP. BY ITS MANAGING DIRECTOR, MR.B.SANTHOSH NAIR, SANKAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADVS.SRI.C.S.HRITHIK, PUBLIC PROSECUTOR FOR R3 SRI.R.V.SUJITH KUMAR, FOR R1. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------- Crl.R.P.No.505 of 2010 ------------------------------- Dated this the 11th day of February, 2010. O R D E R This revision petition is preferred by the accused who faced the prosecution upon a private complaint for the offence u/s.138 of Negotiable Instruments Act. By the judgment of the Trial Court as well as the Lower Appellate Court, the revision petitioner is found guilty u/s.138 of Negotiable Instruments Act and accordingly he is sentenced and further ordered to pay compensation to the complainant 2. The 1st respondent is the complainant. The allegation against the revision petitioner is that towards the discharge of certain liability towards the complainant, the revision petitioner issued two cheques which dishonoured, when presented for encashment. Thus according to the complainant the revision petitioner committed the offence punishable u/s.138 of Negotiable Instruments Act. 3. On the basis of the evidence and the materials on 2 record, the Trial Court as per its judgment dated 10.02.2004, in S.T.10/02 found the accused guilty of the charge levelled against him and sentenced to pay a fine of Rs.15,000/- and on realization of the said fine amount, it was ordered to pay a sum of Rs.12,500/- to the complainant u/s.357(1)(b)of Cr.P.C. 4. Aggrieved by the above order of sentence, the revision petitioner have preferred Crl.A.No.95/04 before the Sessions Court, Trivandrum and by the judgment dated 21.08.2006, the Court of Addl.Sessions Judge of Fast Track Court (Ad-hoc) No.IV, Trivandrum, confirmed the conviction ordered by the Trial Court. The sentence is modified, reducing the substantive sentence of imprisonment till rising of the court but confirming the sentence of fine imposed on the accused nos.1 and 2. Thus the above judgment and order of conviction and sentence are challenged in this revision petition. 5. Today by a separate order in Crl.M.A.No.1532/10, this court allowed the parties to compound the offence and the petition moved by them has been allowed. Therefore, I am of the view that this revision petition can be disposed of in the 3 light of the fact that the parties have already compounded the offence. In the result, this revision petition is allowed setting aside the judgment dated 21.08.2006 in Crl.A.No.95/04 of the court of Addl.Sessions Judge, Fast Track Court (Ad-hoc) No.IV, Trivandrum, and the judgment dated 10.02.2004 in S.T.10/02 from the file of Chief Judicial Magistrate Court, Trivandrum and acquitting the review petitioner/accused. V.K.MOHANAN, Judge. ami/ Hand over the order.