IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3674 of 2009() ------------------------------ CRA.440/2008 of ADDITIONAL SESSIONS COURT(ADHOC-II), ERNAKULAM ST.249/2006 of JUDICIAL MAGISTRATE OF THE FIRST CLASS-IV, KOCHI. .................... REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ---------------------------------------------------------- GEORGE MATHEW, S/O.M.MATHEW, MANAGING DIRECTOR, M/S.SOLAR TECHNOLOGIES AND SERVICES INDIA PVT. LTD., 5TH FLOOR, VALLAMATTOM ESTATE, RAVIPURAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.SUBHA ABRAHAM SRI.M.F.MOHAMMOD SIYAD RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. M/S.MARINE CHEMICALS, REP. BY ITS PRO AND POWER OF ATTORNEY HOLDER, SRI.ALOSIOUS, DEEPA BUILDINGS, SANTO GOPALAN ROAD, KOCHI. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYKRISHNAN ADV. SRI.JIMMY GEORGE FOR R1 SRI.M.JOSE ANTONY FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No.3674 of 2009 ---------------------------------- Dated this the 3rd day of December, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-IV, Kochi in S.T.No.249 of 2006 on his file for offence under Section 138 of the Negotiable Instruments Act and was sentenced to simple imprisonment for two months and to pay Rs.70,000/- as compensation to the first respondent who was the complainant. In Criminal Appeal the conviction and sentence were confirmed. Now this revision. 2. The revision petitioner along with the first respondent settled the matter out of court and filed Crl.M.Appl.No.11626 of 2009 seeking an order to record compounding. Having heard either side, I find no reason to reject the petition. Hence the petition Crl.M.Appl.No.11626 of is recorded and the revision petitioner would stand acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure and is set at liberty. The first respondent/complainant is permitted to withdraw the amount of Rs.15,000/- deposited by the revision petitioner before the trial court. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.