IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Crl.Rev.Pet.No. 3508 of 2009() ------------------------------ CRA.469/2005 of II ADDL. SESSIONS COURT, TRIVANDRUM CC.484/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... REVN. PETITIONER: REVN.PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------ RAJAPPAN NAIR, S/O.MADHAVAN PILLAI, ASHA BHAVAN,KAIRALI NAGAR,PANGAPPARA, SREEKARYAM,THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENTS: RESPONDENTS/STATE & COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MADANAN,S/O.JANARDHANAN, RESIDING AT PRABHALA NIVAS, VALIYAKUNNU,KIZHUVILAM P.O.,ATTINGAL. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN ADV. SRI.K.RAJESH KANNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ------------------------------------------ C.R.R.P.No.3508 of 2009 ----------------------------------------- Dated this the 11th day of November, 2009 ORDER The Judicial Magistrate of the First Class-I, Attingal in C.C.No.484 of 2003 on his file convicted the revision petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for three months and to pay Rs.1,05,000/- as compensation to the second respondent. In Criminal Appeal No.469 of 2005, the conviction was confirmed. The substantive sentence was reduced to one till rising of the court. Now this revision petition. 2. The revision petitioner along with second respondent settled the matter out of court and filed Criminal M.Appl.No.11034 of 2009 seeking an order to compound the offence. Having heard either side and the learned public prosecutor, I find no reason to reject the petition. Hence the petition Criminal M.Appl.No.11034 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 the Criminal Procedure and is set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj