IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.Rev.Pet.No. 3124 of 2004() ------------------------------------------ CRA.55/2004 of SESSIONS COURT (ADHOC-II), ERNAKULAM. CC.1365/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PERUMBAVOOR .................... PETITIONER/APPELLANT/ACCUSED ----------------------------------------------------- JAYASREE M.B., W/O.VELUKUTTAN, AGED 35 YEARS, D/O.BALAKRISHNAN NAIR, MALIL HOUSE, VELAYANCHIRANGARA, PERUMBAVOOR. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS/RESPONDENTS/COMPLAINANT ---------------------------------------------------------------------- 1. C.N. NARAYANAN NAIR, CHEMBAKASSERIL HOUSE, IRINGOLKARA, PERUMBAVOOR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1 BY ADV. SRI.P.AYYAPPAN, SRI.P.K.MOHAMMED PUZHAKKARA. R2 BY PUBLIC PROSECUTOR MR.PUZHAKKARA MUHAMMED. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 3124 of 2004 O R D E R Counsel for revision petitioner and first respondent absent. Therefore, the Crl. Revision Petition is dismissed for non-prosecution. 22/10/2010. SD/- P.Q.BARKATH ALI, JUDGE ORDER ON CRL.MA.NO.14181/2004 IN CRL.RP.NO.3124/2004 DISMISSED 22/10/2010. SD/- P.Q.BARKATH ALI, JUDGE //TRUE COPY// P.S. TO JUDGE rs. P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.R.P. No. 3124 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 7th day of July, 2011 O R D E R Revision petitioner is the accused in C.C.No.1365/1999 on the file of the Judicial Magistrate of the First Class, Perumbavoor and the appellant in Crl.A.No.55 of 2004 on the file of the Addl. Sessions Court (Adhoc-II), Ernakulam. She was convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months and to pay compensation of `50,000/- by the trial court, which were confirmed in appeal by the lower appellate court. Now the accused has come up in revision challenging her conviction and sentence. 2. When the revision petition came up for hearing today, the 1st respondent/complainant filed a petition Crl.M.A.No.6136/2011 stating that the matter has been settled between himself and seeking permisison to CRRP 3124/2004 2 compound the offence. The said petition was allowed by me and the offence was compounded. As the offence is compounded revision petition has to be allowed. 3. In the result, the revision petition is allowed. The conviction and sentence of the revision petitioner by the trial court which were confirmed in appeal by the lower appellate court are set aside and the revision petitioner/accused is acquitted under section 320 Cr.P.C.. Her bail bonds are cancelled. P.Q. BARKATH ALI, JUDGE CRRP 3124/2004 3 P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~ Crl.R.P. No. 3124 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~ O R D E R 7-7-2011