IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.Rev.Pet.No. 3398 OF 2008() ------------------------------ CRA.466/1999 of ADDL. SESSIONS COURT (ADHOC-II), THIRUVANANTHAPURAM ST.29/1997 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, THIRUVANANTHAPURAM .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------- MR.M.J.MATHEW, MULAYINAL HOUSE, OPP.FEDERAL BANK, RAJAPURAM P.O. KANJANGADU VIA, KASARAGOD DISTRICT. NOW RESIDING AT HOTEL SEHIYON C.P.UMMAR ROAD, ERNAKULAM, KOCHI - 682 035. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: -------------------------- 1. MR.J.JOHN HENRY, 'DEEPAM', TC 15/651, PALOOTUKONAM ROAD, SASTHAMANGALAM P.O. THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZER FOR R2 SRI.P.ANIYAN FOR R1 SRI.SURIN GEORGE IPE FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. No. 3398 of 2008 and Crl.M.App.No.10198 of 2008 ------------------------------------------ Dated this the 16th day of October, 2008 O R D E R Petitioner was concurrently convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. First respondent is the complainant. Challenging the conviction and sentence in S.T.29 of 1997 petitioner filed Crl.Appeal 466 of 1999 before Sessions Judge, Thiruvananthapuram. It was dismissed. Revision is filed challenging the conviction and sentence. 2. Crl.M.Appl.10198 of 2008 is filed jointly by first respondent/complainant and petitioner/accused stating that they have settled the dispute and seeking permission to compound the offence. It is stated that as per the settlement first respondent has agreed to settle the dispute for Rs.5,00,000/- out of which he received Rs.3,00,000/- in cash and allowed the petitioner to pay the balance amount of Rs.2,00,000/- on or before 30.8.2009. In view of the settlement CRRP3398/08&CrlMA10198/08 2 and as the petition is signed by first respondent/complainant and his counsel, permission is granted to compound the offence. Offence is compounded. M. SASIDHARAN NAMBIAR, JUDGE Okb/-