IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Crl.Rev.Pet.No. 1577 of 2009() ------------------------------ CRA.916/2008 of ADDL. SESSIONS COURT, (ADHOC-2), ERNAKULAM CC.172/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MUVATTUPUZHA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- P.U.SKARIA,AGED 46,S/O.KUNJU, PALANILKUMTHADATHIL HOUSE,PALAKUZHA KARA, PALAKUZHA VILLAGE,MUVATTUPUZHA TALUK. BY ADV. SRI.P.V.ELIAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. MARKOSE,AGED 44, S/O.MATHAI, BETHALAMKUZHIYIL HOUSE,PALAKUZHA KARA,PALAKKUZHA VILLAGE,MUVATTUPUZHA TALUK. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 1577 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May, 2009 O R D E R This revision petition is filed by the accused in C.C.No. 172 of 2008 on the file of the J.F.M.C.-II, Muvattupuzha. The offence alleged against the accused is under Section 138 of the N.I. Act. 2. As per the judgment in C.C.No.172 of 2008 dated 20.10.2008 the accused was convicted under Section 138 of the Act and sentenced to undergo imprisonment till rising of the Court and to pay compensation of Rs.30,000/- with interest at the rate of 6% p.a. from 15.4.2004 till the date of the judgment and in default to undergo S.I. for a period of six months. In appeal filed by the accused before the Additional Sessions Court (Adhoc-II), Ernakulam as Crl.A. 916 of 2008, the conviction was confirmed and the sentence was modified. Against that judgment the accused filed this Crl.R.P. 3. During the pendency of this Revision Petition, the accused and the complainant filed composition petition as Crl.M.A. 4771 of -: 2 :- 2009 stating that the matter is settled between them. Since the matter is amicably settled between the parties, permission is granted to compound the offence. 4. In the result this Crl.R.P. is allowed. The offence under Section 138 of the N.I. Act is compounded. The conviction and sentence of the accused in C.C. 172 of 2008 on the file of the Judicial First Class Magistrate Court, Muvattupuzha under Section 138 of the N.I. Act is set aside. The accused is acquitted under Section 320(8) of the Cr.P.C. and he is set at liberty. (M.L. JOSEPH FRANCIS) Judge tm