IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 989 of 2007() ----------------------------- CRA.746/2005 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.594/2004 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT.ACCUSED ---------------------------------------------------------- SRI.THAMBAN THOMAS, S/O.MATHAI THOMAS,ANJILIVILAYIL PUTHEN VEEDU,. THEK KEKARA P.O.,PALLICKAL,KIZHAKKU, MAVELIKARA. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS: RESPONDENT/COMPLAINT ----------------------------------- 1.THOMAS CHACKO,S/O.CHACKO, VALIYAVEETTIL, VETTIKOOTU MURI,KATTANAM VILLAGE, (POWER OF ATTORNEY HOLDER SUJA THOMAS W/O.THOMAS CHACKO). 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR. PUBLIC PROSECUTOR SRI.HRITHWIK ADV. SMT.MINI DIAS FOR R1 SRI.R.RAJI FOR R1 SRI.S.MOHANAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No.989 of 2007 ---------------------------------- Dated this the 8th day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class, Kayamkulam in C.C.No.594 of 2004 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for one year with order to pay Rs.1,00,000/- as compensation. In Criminal Appeal No.746 of 2005 the conviction was confirmed. But the substantive sentence was modified to simple imprisonment for three months with direction to pay Rs.1,42,000/- as compensation to the first respondent with default clause to undergo simple imprisonment for two months more. Now this revision. 2. The revision petitioner along with the first respondent settled the matter out of court and filed Crl.M.Appl.No.12110 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.12110 of 2009 is recorded and 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. It is reported that the revision petitioner is undergoing sentence, he may be released forthwith in case he is in custody. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.