IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.Rev.Pet.No. 3372 of 2009() ------------------------------ CRA.7/2005 of II ADDL. SESSIONS COURT, PALAKKAD CC.283/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... REVISION PETITIONER/APPELLANT/ACCUSED. ----------------------------------------------------------- SASIDHARAN, S/O. RAJAMOOTHAN, SREE BHAGAVATHI STORE, KOPPAM AMSOM, PALAKKAD. BY ADV. MR. V.V.ASOKAN MR. P.P.RAMACHANDRAN RESPONDENTS / RESPONDENTS/COMPLAINANT AND NON-PARTY. ----------------------------------------------------- 1. CUSTOMERS KURIES PVT.LTD., MAJESTIC BUILDING, VADAKAKANTHARA, PALAKKAD, REPRESENTED BY ITS CHAIRMAN. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR. K.S.SAJEEV KUMAR R2 BY PUBLIC PROSECUTOR MR. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ P.S. GOPINATHAN, J. - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 3372 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2009 O R D E R 1. The revision petitioner was found guilty for an offence under Section 138 of the Negotiable Instruments Act by the Judicial First Class Magistrate -III, Palakkad in C.C.No. 283/2003. He was convicted and sentenced to undergo simple imprisonment for one month with a direction to pay Rs.53,498.88 to the 1st respondent as compensation under Section 357 (3) Cr.P.C. Though he preferred Criminal Appeal No.7/2005, he was not successful. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was filed. 3. Revision petitioner along with the 1st respondent settled the matter out of court and jointly filed a petition as Crl.M.Appl.No.10565/2009 seeking permission for compounding the offence. Having heard either side, I find Crl.R.P.No. 3372 of 2009 2 no reason to reject the petition. In the above circumstances, the petition Crl.M.Appl. No.10565/2009 is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act r/w Section 320 (8) of the Code of Criminal Procedure and is set at liberty. P.S. GOPINATHAN, JUDGE shg/