IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.Rev.Pet.No. 353 of 2009() ----------------------------- CRA.78/2005 of ADDL. SESSIONS COURT (ADHOC), KOLLAM CC.641/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... REVN. PETITIONER(S):APPELLANT/ACCUSED: --------------------- MADHU S/O. MADHAVAN SASI MANDIRAM, PANGODU, PUTHOOR VILLAGE, KOLLAM BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S):RESPONDENTS/COMPLAINANT & STATE: --------------- 1. THANKAPPAN, MURINGAPOKA KIZHAKKETHIL, PAVITHRESWARAM, KOTTARAKKARA, KOLLAM. 2. STATE OF KERALA REP. BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.B.UDAYAKUMAR FOR R1. PUBLIC PROSECUTOR SRI. P.R. JAYAKRISHNAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/01/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No.353 OF 2009 -------------------------------------------------- Dated this the 28th day of January, 2009 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C.641 of 2003 on the file of Judicial First Class Magistrate-I, Kottarakkara. Revision petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Additional Sessions Court, Kollam in Crl. Appeal 78 of 2005. Revision is filed challenging the conviction. 2. Crl. M.A.1037 of 2009 is jointly filed by first respondent and revision petitioner under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that they have settled the dispute out of Court. Crl.M.A. 1037 of 2009 is allowed. Permission is granted to compound the offence. Offence is compounded. Learned counsel appearing for revision petitioner submitted that revision petitioner is undergoing the sentence in this case in Sub Jail, Kottarakkara. If so, and if revision CRRP 353/2009 2 petitioner is not wanted in any other case, he be released forthwith. M. SASIDHARAN NAMBIAR, JUDGE okb