IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 31ST JANUARY 2007 / 11TH MAGHA 1928 Crl.Rev.Pet.No. 440 of 2007(E) ------------------------------ CRA.246/2004 of ADDL.SESSIONS COURT, THODUPUZHA CC.343/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM REVN. PETITIONER: ----------------------------- BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ----------------------- 1. P.N. MURALEEDHARAN, BLOCK NO.265, NEDUMKANDOMKARA, PARATHODE VILLAGE, UDUMBANCHOLA TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADVOCATE SHRI D. GIRIKUMAR R1 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR BY PUBLIC PROSECUTOR SHRI C.K. SURESH R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO. 440 OF 2007 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of January, 2007 O R D E R ------------------ Heard. Admitted. Advocate Shri D. Girikumar took notice for first respondent and Public Prosecutor for second respondent. Criminal Revision Petition itself is heard and disposed of as agreed to by counsel on both sides. 2. Revision petitioner was found guilty of an offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No.343 of 2003 on the file of the Judicial First Class Magistrate, Nedumkandam. Conviction and sentence were confirmed by the learned Sessions Judge, Thodupuzha in Crl. Appeal No.246 of 2004. Hence this Criminal Revision Petition. 3. It is submitted by counsel on both sides that matter has been settled out of court. Parties have filed Crl. M.A. No.1294 of 2007 for compounding the offence. Today I have allowed that application. Hence this Criminal Revision Petition is only to be allowed. In the result, Criminal Revision Petition is allowed. CRL. R.P. NO. 440 OF 2007 -: 2 :- Conviction and sentence imposed on the revision petitioner under Section 138 of the Negotiable Instruments Act are hereby set aside. Revision Petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ================================ CRL. R.P. NO. ================================ O R D E R ------------------------------------------------------- 4TH JANUARY, 2007