IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 11TH FEBRUARY, 2010 / 22ND MAGHA, 1931 Crl.Rev.Pet.No. 207 of 2007 (CRA.125/2005 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA ST.561/2003 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA) .................... REVN. PETITIONER/ APPELLANT/ACCUSED: -------------------------------------------------------------- RADHAKRISHNAN NAIR, AGED 54 YEARS, AREEKKUZHITHADATHIL HOUSE, THELLIYOOR P.O., MALLAPPALLY, PATHANAMTHITTA. BY ADV. SRI.SUSHANTH.J. RESPONDENTS/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------ 1. K.G.RAJENDRAN NAIR, S/O. THANKAPPAN NAIR, NARIYANICKAL HOUSE, THELLIYOOR P.O., MALLAPPALLY, PATHANAMTHITTA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.MVS.NAMBOOTHIRY FOR R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHIK FOR R2. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------------------------- Crl.R.P.No. 207 OF 2007 -------------------------------------------------- Dated this the 11th day of February, 2010 O R D E R Challenging the judgment of the trial court as well as the lower appellate court and the conviction and sentence imposed against the revision petitioner/accused, he preferred this revision petition. 2. The first respondent is the complainant who approached the Chief Judicial Magistrate Court, Pathanamthitta by filing a complaint raising allegation against the revision petitioner under Section 138 of the Negotiable Instruments Act (for short 'the N.I.Act') upon which the trial court took cognisance and instituted S.T.No.561 of 2003 and finally, by judgment dated 22.3.2005, the revision petitioner/accused is convicted under Section 138 of the N.I.Act and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.1,60,000/- and in default, the accused is directed to undergo three more months simple imprisonment. It is CRL.RP.NO.207 OF 2007 :-2-: specifically ordered under Section 357(1) of Cr.P.C. that on realisation of the fine amount, a sum of Rs.1,55,000/- shall be paid to the complainant. Aggrieved by the above order of conviction and sentence, though the revision petitioner approached the Sessions Court, Pathanamthitta, by judgment dated 24.11.2006 in Crl.A.No.125 of 2005, the Court of Additional District and Sessions, ADHOC-I, Pathanamthitta disposed of the appeal confirming the conviction and reducing the sentence of imprisonment till the rising of the court and the sentence of fine confirmed in the appellate order. It is the above judgment, conviction and sentence challenged in this revision petition. 3. Today, by a separate order in Crl.M.A.No.1358 of 2010, this Court allowed the revision petitioner as well as the first respondent to compound the offence. Therefore, I am of the view that this revision petition can be disposed of in the light of the compounding of the offence. CRL.RP.NO.207 OF 2007 :-3-: 4. Accordingly, this Crl.R.P. is allowed setting aside the above judgments of the court below and acquitting the revision petitioner/accused. The Crl.R.P. is allowed as above. sd/- V.K.MOHANAN, Judge. MBS/ -TRUE COPY- P.S.TO JUDGE.