IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Crl.Rev.Pet.No. 3098 of 2009 ---------------------------------------- CRL.A.NO.278/2007 OF ADDL.SESSIONS COURT (ADHOC)III, MANJERI, ST.NO.1839/2006 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR. .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- ANIL KUMAR.P. S/O. KESAVAN, PADUKKANI HOUSE, CHAKKALAKUTHU NILAMBUR.P.O., MALAPPURAM DISTRICT. BY ADVS. MR.P.VIJAYA BHANU, MR.P.VENUGOPAL. RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. E.BHASKARN NAIR, S/O. MADHAVAN NAIR (LATE), EKKAPPATHU HOUSE, KALLEMPADAM,NILAMBUR.P.O. MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.V.A.JOHNSON (VARIKKAPPALLIL), R2 BY PUBLIC PROSECUTOR MR.JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S.Gopinathan, J. ========================================== Crl.R.P.3098 of 2009 ========================================== Dated this the 6th day of October, 2009. ORDER 1.The revision petitioner, who is the accused in S.T..No.1839 of 2006 on the file of the Judicial Magistrate of the First Class, Nilambur was prosecuted by the first respondent alleging offence under Section 138 of the Negotiable Instruments Act. The trial court found him guilty. Accordingly, he was convicted and sentenced to simple imprisonment for one month with a direction to pay Rs.30,000/- as compensation to the first respondent with default clause to undergo simple imprisonment for one month. The appeal preferred against the judgment of the trial court was partly allowed. While confirming the conviction and sentence, order to pay compensation was set aside. Now this revision, assailing the legality and correctness CRRP3098/09 -:2:- of the above conviction and sentence. 2.Revision petitioner along with the first respondent now filed a petition as Crl.M.A.9271 of 2009 seeking permission to compound the offence. Having heard either side, I find no reason to reject the petition. Hence, the petition 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. The amount, if any deposited by the revision petitioner before the trial court, shall be refunded to the revision petitioner. Crl.R.P. is disposed of as above. P.S.Gopinathan, Judge. sl.