IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Crl.Rev.Pet.No. 316 of 2001() ----------------------------- CRA.163/1999 of SESSIONS COURT, KOTTAYAM CC.55/1997 of JUDL.MAGISTRATE OF FIRST CLASS-II, KARUNAGAPPALLY .................... REVN. PETITIONER(S): --------------------- R.S.MOHAMMED KABEER, THENNAMMACKAL HOUSE, POOTHAKUZHY P.O., KANJIRAPPALLY. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1) C.K.VISWANATHAN, KUMBUCKAL, CHIRAKKADAVU VADAKKUM BHAGOM, KUNNAMBHAGAM. 2) STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. ADV. SRI.DINESH MATHEW J.MURICKEN FOR R1 PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.P. No. 1347 of 2001 in Crl.R.P. No. 316 of 2001 Dismissed. 24-9-2009 Sd/- P.Q.Barkath Ali, Judge. P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P.No. 316 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th September, 2009 O R D E R The revision petitioner is the accused in C.C.No.55 of 1997 of the Judicial First Class Magistrate Court-II, Kanjirappally and the appellant in Crl.A.No.163 of 1999 of the Sessions Court, Kottayam. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.50,000/- and in default to undergo simple imprisonment for three months. Out of the fine amount, Rs.45,000/- was ordered to be paid as compensation to the complainant. On appeal, the conviction was confirmed and the sentence was modified to the effect that the revision petitioner was directed to pay compensation of Rs.45,000/- under section 357(3) and (4) of the Cr.P.C. The accused challenges his conviction and sentence in this revision. 2. On 21-5-2009 this Court has ordered that if the matter has not been compounded or the revision petitioner has not made the payment on or before 28-5-2009, this revision petition will be dismissed. The learned counsel for the revision petitioner Crl.R.P. 316/01 2 submits that the matter has not been compounded and the amount has not been paid. In the circumstances, the revision petition is dismissed. P.Q. BARKATH ALI, JUDGE mn