IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.Rev.Pet.No. 2266 of 2004() ------------------------------ CRA.213/2003 of SESSIONS COURT, THRISSUR CC.118/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- PANKAJAM K.M., PROPRIETOR, SOUMYA PLASTIC INDUSTRIES, AMBALLOOR, KANJIRAMATTOM, NADATHETH HOUSE, AMBALLOOR P.O., KANJIRAMATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.K.N.CHANDRABABU RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------- 1. SOUTHERN MARKETING ASSOCIATES, THRISSUR, REP. BY ITS POWER OF ATTORNEY HOLDER, MOHANDAS, S/O. ACHUTHAN NAIR, MANGATT HOUSE, PUNKUNNAM, THRISSUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.VARGHESE C.KURIAKOSE FOR R1 SRI.JACOB SEBASTIAN FOR R1 SRI.PRAVEEN K. JOY FOR R1 PUBLIC PROSECUTOR SRI.A.J.VARGHESE THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.A.No.10443/2004 in Crl.R.P.No.2266 of 2004 Dismissed 18-10-2010 Sd/-, P.Q.BARKATH ALI, JUGE P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.2266 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of October, 2010 ORDER Revision petitioner is the accused in C.C.No.118/2000 on the file of Judicial First Class Magistrate I, Thrissur and appellant in Crl.Appeal No.213/2000 of Sessions Court, Thrissur. He was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs. 75,000/- to the complainant, in default to undergo simple imprisonment for three months by the Magistrate. On appeal by the accused, the learned Sessions Judge confirmed his conviction under Section 138 of Negotiable Instruments Act, but modified the sentence to imprisonment till the rising of court and to pay a compensation of Rs. 1,10,000/-, in default to undergo simple imprisonment for three months. The accused has now come up in revision challenging his conviction and sentence. 2. When the revision petition came up for hearing today, learned counsel for the revision petitioner/accused and the counsel for Crl.R.P.No.2266/2004 2 the revision first respondent/complainant submitted that the matter has been settled. They have filed a compounding petition - Crl.M.A.No.8227/2010 which is allowed by me. As the matter has been settled, the conviction of the revision petitioner under Section 138 of Negotiable Instruments Act entered by the trial court which is confirmed in appeal and the sentence imposed by the trial court which is modified by the appellate court are set aside. Revision petitioner/accused is acquitted under Section 320 Cr.P.C. Revision petitioner/accused has deposited the entire cheque amount i.e. Rs.73,687/- before the trial court as a condition precedent for suspending the sentence imposed against him. The complainant is entitled to withdraw the same. The bail bonds of the accused are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.2266/2004 3