IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3659 of 2009() ------------------------------ CRA.433/2007 of ADDITIONAL SESSIONS COURT, KOTTAYAM CC.507/2005 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... REVN. PETITIONER: REVN.PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------ JAGADEESH KUMAR, AGED 39, S/O. N.K.KUMARAN, NEERANANIKAL HOUSE, KADANAD VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) SRI.GINESH.P. RESPONDENTS: RESPONDENTS/COMPLAINANT AND STATE OF KERALA ---------------------------------------------------------- 1. JOSEPH PRAKASH, THONIKUZHIYIL HOUSE, THUDANGANADU P.O., KOTTAYAM. 2. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RITHWIK SRI.FRANCO T.J. FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No3659 of 2009 ---------------------------------- Dated this the 1st day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class, Erattupetta in C.C.No.507 of 2005 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for four months with order to pay Rs.2,50,000/- as compensation to the first respondent. In Criminal Appeal No.433 of 2007, the conviction was confirmed. But the substantive sentence was reduced to imprisonment till rising of the court. In suppression of the order to pay compensation, a fine of Rs.2,50,000/- was also imposed. Now this revision. 2. The revision petitioner along with the first respondent settled the matter out of court and filed Crl.M.Appl.No.11521 of 2009 seeking an order to record compounding. Having heard either side, I find no reason to reject the petition. Hence the petition Crl.M.Appl.No.11521 of 2009 is recorded and the revision petitioner would stand acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure and is set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.