IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.Rev.Pet.No. 1047 of 2004(A) ------------------------------- CRA.187/1997 of ADDL.DISTRICT COURT (ADCHOC)-II, PATHANAMTHITTA CC.254/1996 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------- K.RAMACHANDRAN PILLAI, VAZHAPPILLIL HOUSE MULAKUZHA VILLAGE, KOZHUVALLOOR P.O. CHENGANNOOR. BY ADV. SRI.K.S.MOHAMED HASHIM SMT.CAROLIN SINDHU VAZ RESPONDENT(S): RESPONDENTS --------------- 1. JACOB THOMAS,PROPRIETOR, M/S.MULAMOOTTIL INVESTMENTS & HIRE PURCHASE, KOZHENCHERRY, REP. BY HIS POWER OF ATTORNEY HOLDER K.M.SIMON, MANAGER MULAMOOTTIL BANKERS, PATHANAMTHITTA. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.V.PHILIP MATHEW FOR R1 PUBLIC PROSECUTOR SRI.P.K.MUHAMMED PUZHAKKARA FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1047 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2010 ORDER Revision petitioner is the accused in C.C.No.254/1996 on the file of Chief Judicial Magistrate,Pathanamthitta and appellant in Crl.Appeal No.187/1997 of Additional District and Sessions (Adhoc) Fast Track Court II, Pathanamthitta He was convicted under Section 138 of Negotiable Instruments Act and was sentenced to pay a fine of Rs.55,000/-, in default to undergo simple imprisonment for four months by the Trial court. Out of the fine amount, if realised, Rs. 50,000/- was ordered to be paid to the complainant as compensation. The lower appellate court confirmed the conviction as well as the sentence by judgment dated October 23, 2003. The accused has now come up in revision challenging his conviction and sentence. 2. When this revision petition came up for hearing today, the revision petitioner as well as the first respondent/complainant filed a joint petition under Section 147 of the Negotiable Instruments Act seeking permission to compound the offence. I have allowed the said Crl.R.P.No.1047/2004 2 petition. As the offence has been compounded, revision petition has to be allowed and the accused has to be acquitted. In the result, as the offence has been compounded, revision petition is allowed. The conviction and sentence of the revision petitioner by the trial court which is confirmed in appeal are set aside. Revision petitioner/accused is acquitted under Section 320 Cr.P.C. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.1047/2004 2