IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 Crl.Rev.Pet.No. 1030 of 2009() ------------------------------ CRA.118/2007 of ADDL.SESSIONS COURT, THODUPUZHA ST.119/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THODUPUZHA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: ------------------------------------------------------- JALAL @ JALEEL, S/O IBRAHIM, PUTHENPURACKAL HOUSE, MUTTOM KARA, MUTTOM VILLAGE, THODUPUZHA. BY ADV. SRI.A.P.SUBHASH RESPONDENT(S)/RESPONDENT/COMPLAINANT: ---------------------------------------------------------- 1. K.S. SALIM, KUREEKATTIL HOUSE, THODUPUZHA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.R.RAJAGOPAL FOR R1 PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRIMINAL.R.P. NO. 1030 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of March, 2009. O R D E R This revision is preferred against the judgment of the Additional Sessions Judge, Thodupuzha in Crl.A.118/07. That appeal was preferred against the conviction and sentence passed in S.T.119/06 by the Judicial First Class Magistrate-II, Thodupuzha whereby the revision petitioner was convicted and sentenced to undergo simple imprisonment for a period of one month and to pay a compensation of Rs.15,000/- and in default to undergo simple imprisonment for one month. In appeal the appellate court modified the sentence to one of imprisonment till the raising of the Court and to pay a fine of Rs.15,000/- u/s 357 (1) Cr.P.C. with default clause of one month's simple imprisonment. Now the matter is compounded between the parties as per Crl.M.A. 3069/09. It is stated therein that the defacto complainant has received the entire amount and he has no grievance against the revision petitioner. Compounding is recorded. Crl.R.P. 1030 OF 2009 -:2:- 2. Since compounding is recorded, under the provisions of the N.I. Act it has become necessary to set aside the conviction and sentence passed by the Judicial First Class Magistrate-II Thodupuzha and modified by the Sessions Judge in the Criminal Appeal. Therefore they are set aside. Since the matter is compounded, the compounding will have the effect of acquittal as contemplated u/s 320(8) of Cr.P.C. The Crl.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-