IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Crl.Rev.Pet.No. 3315 of 2009() ------------------------------ CRA.180/2006 of ADDL. SESSIONS COURT (ADHOC), THODUPUZHA ST.768/2005 of JUDL. MAGISTRATE OF FIRST CLASS, PEERUMEDU .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- REJI M.JOSEPH, S/O.JOSEPH, MATTAMUNDAYIL VEEDU, KEERIKKARA KARAYIL, ELAPPARA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENT(S): RESPONDENTS/COMPLAINANT: --------------------------------------- 1. PIOUS BERNADE V.C. @ V.C.PIOUS, S/O.CHAKKO, VATHALLOOR VEETTIL, KUTTIKANAM KARA, PEERMADE VILLAGE. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.NITHIN JACOB FOR R1 PUBLIC PROSECUTOR SRI.RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3315 of 2009 ---------------------------------------- Dated this the 30th day of October, 2009 ORDER The revision petitioner is the accused in S.T.No.768 of 2005 on the file of the Judicial Magistrate of the First Class-I, Peermade. The first respondent herein prosecuted the revision petitioner for offence under section 138 of the Negotiable Instruments Act. The learned magistrate, after due trial, found the revision petitioner guilty. Accordingly, he was convicted and sentenced to undergo simple imprisonment for four months. He was also directed to pay Rs.1,00,000/- as compensation to the first respondent under section 357(3) of the Code of the Criminal Procedure. In default of payment of compensation he has to undergo simple imprisonment for a further period of three months. The learned Additional Sessions Judge(Adhoc-1), Thodupuzha, in appeal, confirmed the above conviction. But the sentence was reduced to one till rising of the court and compensation. 2. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed. Today, when the revision petition came up for hearing the Crl.R.P.No.3315 of 2009 2 revision petitioner and the first respondent jointly filed a petition as Crl.M.Appl.No.10330 of 2009 seeking permission for compounding the offence. Having heard either side and the learned public prosecutor, I find no reason to reject the petition. In the above circumstances the petition Crl.M.Appl.No.10330 of 2009 is recorded and the revision petitioner is acquitted U/s.147 of the Negotiable Instruments Act r/w 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.