IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Crl.Rev.Pet.No. 3419 of 2009() ------------------------------ CRA.638/2006 of I ADDL. SESSIONS COURT, THRISSUR CC.729/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... REVN. PETITIONER: --------------------- SURESH, AGED 32 YEARS, S/O.PUSHPAKARAN, KARIYEZHATH HOUSE, METHALA VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENTS: --------------- 1. PRAKASAN, AGED 53 YEARS, S/O.APPUTTY, MADATHINGAL HOUSE, ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RITHWIK ADV. SRI.M.SHAJU PURUSHOTHAMAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3419 of 2009 ---------------------------------------- Dated this the 6th day of November, 2009 ORDER The revision petitioner is the accused in C.C.No.729 of 2004 on the file of the Judicial Magistrate of the First Class, Kodungallur. The revision petitioner was found guilty for offence under Section 138 of the Negotiable Instruments Act. He was convicted and sentenced to simple imprisonment for three months and was directed to pay Rs.35,000/- as compensation to the first respondent under Section 357 (3) of Code of Criminal Procedure. In Criminal Appeal No.638 of 2006, the conviction was confirmed. The substantive sentence was reduced to simple imprisonment for 10 days. The compensation amount was also reduced to Rs.30,000/-. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed. 2. Now the revision petitioner and respondent settled the matter out of court and filed Criminal M.Appl.No.10746 of 2009 seeking an order to compound the offence. Having heard either side and the learned public prosecutor, I find no reason to Crl.R.P.No.3419 of 2009 2 reject the petition. In the above circumstance the petition Crl.M.Appl.No.10746 of 2009 is recorded and the revision petitioner is acquitted U/s.147 of Negotiable Instruments Act r/w. Section 320(8) of the Code of Criminal Procedure and is set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE Skj.