IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Crl.Rev.Pet.No. 3385 of 2004(C) -------------------------------------------- CRL.A.NO.34/1999 OF ADDITIONAL DISTRICT & SESSIONS (ADHOC) FAST TRACK COURT- III , PATHANAMTHITTA. CC.NO.550/1996 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA. .................... REVISION PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------- M.M. ANTONY, AGED 47 YEARS, S/O. M.D. MATHEW, MOLLIPADAVIL HOUSE, KARIKKUZHI P.O., THALAVADY VILLAGE, KUTTANADU TALUK, ALAPPUZHA. BY ADV. MR.T.N.MAURICE VINCENT. RESPONDENTS/RESPONDENTS/COMPLAINANT: ---------------------------------------------------------------------- 1. THOMAS. C. GEORGE, AGED 44 YEARS, S/O. GEORGE, CHEERAMVELIL HOUSE, MUTTAR P.O., MUTTAR VILLAGE, KUTTANADU TALUK, ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. MR.V.V.NANDAGOPAL NAMBIAR, MR.T.P.PRADEEP, R2 BY PUBLIC PROSECUTOR MR. RITHWIK. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S.Gopinathan, J. ========================================== Crl.R.P.3385 of 2004 ========================================== Dated this the 6th day of October, 2009. ORDER 1.The revision petitioner, who is the accused in C.C.No.550 of 1996 on the file of the Judicial Magistrate of the First Class, Thiruvalla was prosecuted by the first respondent alleging offence under Section 138 of the Negotiable Instruments Act. The trial court found him guilty. Accordingly, he was convicted and sentenced to rigorous imprisonment for six months under Section 138 of the Negotiable Instruments Act. In appeal, the learned Sessions Judge, Adhoc, Fast Track Court-II, Pathanamthitta confirmed the conviction but reduced the sentence to a fine of Rs.70,000/- with default clause to undergo simple imprisonment for two months. Out of the fine amount, if realised, Rs.65,000/- was ordered to be given to the first respondent as CRRP3385/09 -:2:- compensation under Section 357(1) of the Cr.P.C. Now this revision, assailing the legality and correctness of the above conviction and sentence as modified in appeal. 2.Revision petitioner along with the first respondent now filed a petition as Crl.M.A.9394 of 2009 seeking permission to compound the offence. Having heard either side, I find no reason to reject the petition. Hence, the petition is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure. Crl.R.P. is disposed of as above. P.S.Gopinathan, Judge. sl.