IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.Rev.Pet.No. 3381 of 2008() ------------------------------ CRA.175/1995 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.98/2003 of JUDL. MAGISTRATE OF FIRST CLASS-II, HARIPAD .................... REVN. PETITIONER:APPELLANT/ACCUSED --------------------------------------------- ABIDA BEEVI, AGED 55 YEARS, W/O.MOHAMMED ALIR KOIKALETHU VEEDU, THAMALLACKAL SOUTH MURI KUMARAPURAM VILLAGE. BY ADV. SRI.G.RAJEEVKUMAR RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. VIJAYALEKSHMI, W/O.SASIKUMAR ASSARITHUNDIL VEETTIL, PILAPPUZHA MURI HARIPAD VILLAGE. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3381 OF 2008 =========================== Dated this the 15th day of October,2008 ORDER Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act in C.C.98/2003 by Judicial First Class Magistrate-II, Haripad. The complaint was filed by Sasikumar who is now no more. Petitioner challenged the conviction and sentence before the Additional Sessions Court, Mavelikara in Crl.A.175/2005. As the complainant died, his wife second respondent herein was impleaded as additional third respondent in the appeal. The appeal was dismissed confirming the conviction and sentence. Revision is filed challenging the conviction and sentence. Petitioner and second respondent jointly filed a petition, Crl.M.Appl.10336/2008 under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that they have settled CRRP 3381/2008 2 the dispute and second respondent has no further claim as against the petitioner. As the complainant is no more and second respondent was impleaded as his legal heir in the appeal and the petition filed under section 147 of N.I. Act is signed by second respondent and her counsel as well as revision petitioner and her counsel, permission is granted to compound the offence. The offence is compounded. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006