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. 2969 of 2005() --------------------------------------- CRA.397/2004 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM CC.121/2001 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY ............................................. REVN. PETITIONER(S): APPELLANT: ------------------------------------------------- C. SADASIVAN PILLAI, AGED 46 YEARS, S/O. CHELLAPPAN PILLAI, KUNNEL HOUSE, OACHIRA P.O., KOLLAM. BY ADV. SRI.B.HARISH KUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------- 1. JOSE K.ANTONY, AGED 41 YEARS, S/O. K.M. ANTONY, KAKKANATTU HOUSE, KAPPADU P.O., KANJIRAPPALLY-686 508. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. ADV. SRI.H.B.SHENOY FOR R1 SRI.B.ASHOK SHENOY FOR R1 PUBLIC PROSECUTOR MR. RITHWIK THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON 18/12/2009 PASSED THE FOLLOWING: sou. P.S.GOPINATHAN, J. ----------------------------------------- Crl.R.P. No. 2969 of 2009 ---------------------------------- Dated this the 18th day of December, 2009 O R D E R Revision petitioner was convicted by the Judicial Magistrate of the 1st Class-I, Kanjirappilly in C.C.No.121/01 on his file for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for 6 months and to pay Rs.1,25,000/- as compensation to the 1st respondent. In Crl.Appeal. No.397/04 while confirming the conviction the substantive sentence was reduced to simple imprisonment for one month. Assailing the above conviction and sentence this revision petition was filed. The revision petitioner along with the 1st respondent settled the matter out of court and filed Crl.M.A. No.12493/09 seeking an order to record compounding. Having heard either side, I find no reason to reject the petition. Hence the petition Crl.M.A.No.12493 of 2009 is recorded. The revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with 320(8) of the Code of Criminal Procedure and set at liberty. P.S.GOPINATHAN,JUDGE. mns