IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3932 of 2009() ------------------------------ CRA.342/2004 of SESSIONS COURT, ALAPPUZHA CC.343/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II(MOBILE),ALAPPUZHA .................... REVN. PETITIONER : APPELLANT/ACCUSED -------------------------------------- A.E.PRASANNAKUMAR, S/O.N.P.UNNITHAN, AGED 50 YEARS, A-1, A-BLOCK, STAR GARDEN, SUBASH CHANDRA BOSE ROAD, ELAMKULAM, KOCHI-19. BY ADV. SRI.K.V.SABU RESPONDENTS : COMPLAINANT/STATE -------------------------------- 1. M.CHANDRAN PILLAI, AGED 52 YEARS, PUTHEN VEEDU HOUSE, NEAR MULLACKAL TEMPLE, ALAPPUZHA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. = = = = = = = = = = = = = Crl.R.P.No.3932 of 2009. = = = = = = = = = = = = = Dated this the 18th day of December, 2009. O R D E R The revision petitioner is the accused in CC.No.343/2003 on the file of the Judicial Magistrate of the First Class-II, Alappuzha. The first respondent prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate, after due trial, arrived a conclusion of guilt. Consequently, the revision petitioner was convicted and sentenced to simple imprisonment for six months and to pay Rs.1,00,000/-, the cheque amount as compensation, to the first respondent with a default clause to undergo simple imprisonment for three months. In Crl.Appeal No.342/2004, the Sessions Judge, Alappuzha confirmed the conviction and modified the substantive sentence to simple imprisonment for three months. Assailing the legality, correctness and Crl.R.P.No.3932 of 2009. -: 2 :- propriety of the above conviction and sentence as modified in appeal, this revision petition was filed. 2. The revision petitioner and the first respondent now settled the matter out of court and filed Crl.M.A.No.12470/2009 seeking order to compound the offence. Having heard either side, I find no reason to reject the petition. Hence Crl.M.A.No.12470/2009 is recorded and the revision petitioner is acquitted under Sec.147 of the Negotiable Instruments Act read with Sec.320(8) of the Code of Criminal Procedure and set at liberty. Criminal Revision Petition is disposed as above. P.S.GOPINATHAN, JUDGE. Kvs/-