IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 1116 of 2002() ------------------------------ CRA.206/1998 of SESSIONS COURT, THODUPUZHA CC.186/1996 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... REVN. PETITIONER(S): APPELLANT - ACCUSED --------------------- C.A. ABOOBEKKAR, CHOORAVELIL HOUSE, PERUMBILLICHIRA KARA, KUMARAMANGALAM VILLAGE. BY ADV. SRI.ANIL GEORGE SRI.PAUL MATHEW (PERUMPILLIL) SRI.JOBY JACOB PULICKEKUDY RESPONDENT(S): RESPONDENTS - COMPLAINANT & STATE --------------- 1. A.J. JOSEPH, S/O. ULAHANNAN, ARUKALIL HOUSE, KADALIKADU KARA, MANJALLOOR VILLAGE, MUVATTUPUZHA TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI.MATHEWS K.UTHUPPACHAN FOR R1 R2 BY PUBLIC PROSECUTOR SRI C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.Rev.Pet.No. 1116 of 2002 CRL.M.P.5949/2002 Dismissed. 2.12.2009. P.Q. BARKATH ALI, JUDGE mt/- P.Q. BARKATH ALI, J. ------------------------------------------------------ CRL. R.P. 1116 of 2002 ------------------------------------------------------ Dated: DECEMBER 2, 2009 ORDER The revision petitioner is the accused in C.C.No.186 of 1996 of the Chief Judicial Magistrate Court, Thodupuzha and the appellant in Crl.A.206 of 1998 of the Sessions Court, Thodupuzha. He was convicted under sec.138 of the Negotiable Instruments Act and was sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs.40,000/-, in default to undergo rigorous imprisonment for one month, which is confirmed in appeal. The accused person has come up in revision challenging his conviction and sentence. 2. When the revision petition came up for hearing today, both the parties filed petition seeking permission to compound the offence which was allowed by me. As the offence is compounded, the revision petition has to be allowed and the accused has to be acquitted. 2. In the result, as the offence is compounded, the revision petition is allowed. The conviction and sentence of the accused/revision petitioner rendered by the trial court and confirmed in appeal, is set aside. The accused is acquitted under sec.320 of the Cr.P.C. His bail bonds are cancelled. P.Q. BARKATH ALI, JUDGE mt/-