IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.Rev.Pet.No. 3434 of 2003(A) ------------------------------- CRA.767/2002 of ADDL.SESSIONS COURT, (ADHOC -I ), ERNAKULAM CC.309/2000 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------- P.A.MERCILLY, PULIKKATHARA HOUSE PONJIKKARA, MULAVUKAD, ERNAKULAM BY ADV. SRI.T.R.RAMACHANDRAN NAIR SRI.V.G.ARUN SRI.S.K.HARISH RESPONDENT/RESPONDENT/COMPLAINANT --------------- 1. K.R.ANILKUMAR, KANIYAVETITHUNDI HOUSE, CHALIKKAVATTOM, VENNALA KOCHI. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM ADV. SRI.M.K.DILEEPAN FOR R1 SMT.P.SUMITHRA FOR R1 PUBLIC PROSECUTOR SMT.R.BINDU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A.NO.13942/2003 IN CRL.R.P.NO.3434/2003 DISMISSED 11-07-2011 Sd/-, P.Q.BARKATH ALI, JUDGE /True Copy/ PA to Judge P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.3434 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011 ORDER Revision petitioner is the accused in C.C.No.309/2000 of Judicial Magistrate of First Class II, Ernakulam and appellant in Crl.Appeal No.767/2002 of Addl. Sessions Court (Adhoc I), Ernakulam. The learned Magistrate by judgment dated October 8, 2002 convicted him under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for a further period of thirty days. The fine amount, if realised, was ordered to be paid to the complainant as compensation. On appeal by the accused, the lower appellate court by judgment dated October 13, 2003 confirmed his conviction, but modified the sentence to imprisonment till the rising of court and to pay a compensation of Rs. 1 lakh, in default to undergo simple imprisonment for three months. The accused has now come up in revision challenging his conviction and sentence. Crl.R.P.No.3434/2003 2 2. When the revision petition came up for hearing today, the revision petitioner/accused and the revision first respondent/complainant filed a petition seeking permission to compound the offence which was allowed by me and the offence was compounded. As the offence has been compounded, the conviction and the sentence imposed by the trial court which is confirmed and modified in appeal has to be set aside and the accused has to be acquitted under Section 320 Cr.P.C. In the result, the revision petition is allowed. Conviction of the accused by the trial court which is confirmed in appeal and the sentence imposed by the trial court which is modified by the lower appellate court are set aside and the revision petitioner/accused is acquitted under Section 320 of Cr.P.C.. His bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.3434/2003 2