IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 Crl.Rev.Pet.No. 711 of 2004 ----------------------------- CRA.224/2003 of V ADDL.SESSIONS COURT, ERNAKULAM CC.10/2001 of JUDL.MAGISTRATE OF FIRST CLASS-III(MOBILE), ERNAKULAM .................... REVN. PETITIONERS: APPELLANTS/ACCUSED: ---------------------------------------- 1. M/S. AGRO TECH INDUSTRIES & EXPORTERS, M.C.ROAD, KANJIRAKKAD, PERUMBAVOOR-683 534, REP. BY ITS PROPRIETOR, SMT.P.I.SAFIA BEEVI. 2. P.I.SAFIA BEEVI, AGED 45, W/O. V.K.PAREETH, R/AT 278/VII,VALLAPPILLY HOUSE, KANJIRAKKAD, PERUMBAVOOR-683 543. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: RESPONDENTS/COMPLAINANT: --------------------------------------- 1. M/S. I.C.D.S. LTD., KALANGOT TOWERS, M.G.ROAD, ERNAKULAM, KOCHI-35, REP. BY ITS AUTHORISED REPRESENTATIVE BALAKRISHNA SHENOI. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUIBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.M.A. NO. 1582 OF 2011 IN CRL.R.P. NO. 711 OF 2004 ======================= Dated this the 11TH DAY OF MARCH 2011 ORDER Receipt is produced evidencing deposit of Rs.3,133/- before the Kerala State Legal Services Authority, Ernakulam as directed in the order dated 17/1/2011 of this Court. Accordingly permission to compound the offence is granted in view of the judgment of the Supreme court in Damodar S.Prabhu v. Sayed Babalal H., 2010(2)KHC 428(SC). M.C. HARI RANI JUDGE ks. M.C. HARI RANI, J. ====================== CRL.R.P. NO. 711 OF 2004 ======================= Dated this the 11TH DAY OF MARCH 2011 ORDER The offence under Section 138 of the Negotiable Instruments Act in C.C.No.10/2001 on the file of the Judicial Magistrate of First Class-III(Mobile)Ernakulam is compounded as per order in Crl.M.A.No.1582/2011. Accordingly, this revision petition is allowed. The conviction and sentence of the accused under Section 138 of the Negotiable Instruments Act is set aside. The second revision petitioner/second accused is acquitted and set at liberty. The bail bond is cancelled. The learned Magistrate is directed to release the amount, if any, deposited by the accused to the first respondent/complainant on filing proper application by the complainant. M.C. HARI RANI ks. JUDGE ks. M.C. HARI RANI JUDGE ks.