IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.Rev.Pet.No. 3188 of 2009() --------------------------------- CRA.475/2004 OF ADDL.SESSIONS JUDGE FAST TRACK COURT NO. II, PALAKKAD IN CC.531/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .......................................................................................... REVN. PETITIONER: --------------------- JALAMANA PARAMESWARAN, S/O.VENKETESWARAN, EMBRANTHIRI, MANGODE P.O., THEKKEPPAT, PULASSERY, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.ARUNRAJ RESPONDENT(S): ------------------ 1. U.P.SASIKUMAR, S/O. KARTHYANI AMMA, SRIKA NIVAS, THEKKEPPAT, PULASSERY, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.P. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. --------------------------------------------- Crl. R.P.No. 3188 of 2009 --------------------------------------------- Dated this the 19th day of October, 2009 ORDER The revision petitioner is the accused in C.C.No.531/2002 on the file of the Judicial Magistrate of the First Class, Pattambi. 2. The first respondent herein prosecuted, the revision petitioner alleging offence under section 138 of the Negotiable Instruments Act. Since the revision petitioner pleaded not guilty, he was sent for trial. After trial, the learned Magistrate found the revision petitioner guilty. Consequently he was convicted and sentenced to simple imprisonment for 4 months with direction to pay Rs.95,000/- as compensation under Section 357(3) of the Code of Criminal Procedure to the first respondent. 3. Aggrieved by the above conviction and sentence he preferred a criminal appeal before the Sessions Judge, Palakkad. The Additional Sessions Judge, (Adhoc – II) to whom the appeal was made over, by judgment dated 25/8/07 dismissed the Crl.Rev.Pet.No.3188/2009 2 appeal. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition is filed. 4. The revision petitioner along with the first respondent settled the matter out of court and filed Criminal M.A No.9897/2008 seeking an order to compound the offence. Having heard either side, I find no reason to reject the petition. Hence Criminal M.A.No.9897/08 is recorded. 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 set at liberty. The amount, if any, deposited by the revision petitioner towards compensation, before the trial Court shall be refunded to the revision petitioner. P.S.GOPINATHAN, JUDGE ss