IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 21ST AUGUST 2007 / 30TH SRAVANA 1929 Crl.Rev.Pet.No. 380 of 2000() ----------------------------------- CRA.195/1999 of ADDL.SESSIONS COURT-II, KOZHIKODE CC.696/1997 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... REVN. PETITIONER: APPELLANT/ ACCUSED ----------------------- K.CHANDRAN, S/O. KANARAN, KAYYIL HOUSE, NEAR RAILWAY STATION, PAKKAYIL, VADAKARA AMSOM, DESOM BY ADV. SRI.K.S.MADHUSOODANAN SRI.C.P.PEETHAMBARAN SRI.C.P.REJI SRI.T.N.SURESH SRI.T.K.ANIRUDHAN RESPONDENTS: RESPONDENTS/ COMPLAINANT & FORMAL PARTY ------------------ 1. K.P. PADMANABHAN S/O. KANARAN, KALLILPEEDIKAYIL HOUSE, PAKKAYIL, VADAKARA AMSOM, DESOM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.RP. NO.380/2000 ORDER ON CRL.MP.2211/2000 IN CRL.RP. NO.380/2000 DISMISSED 21.08.2007 SD/- K.R.UDAYABHANU, JUDGE /TRUE COPY/ P.S. TO JUDGE tss K.R. UDAYABHANU, J. CRL.R.P.NO.380 OF 2000 DATED THIS THE 21ST AUGUST 2007 ORDER The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months. It is submitted that the matter has been settled. Counsel for the revision petitioner had shown in the court an affidavit filed by the complainant as well as a receipt wherein it is mentioned that the matter has been settled. It is submitted that the compounding petition could not be filed as the complainant has not entered appearance despite receipt of notice. In the circumstances, the orders of the courts below are set aside. The matter is remitted back to the trial court for further steps in the matter. The matter shall be posted before the Judicial First Class magistrate, Vadakakra on 8-10-2007. K.R.UDAYABHANU, JUDGE ks. CRMC -2- K.R.UDAYABHANU, J CRL.R.P. 380 OF 2000 ORDER 21-8-2007