IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.Rev.Pet.No. 3241 of 2008() ------------------------------ CRA.395/2006 of ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM CC.290/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... REVN. PETITIONER/APPELLANT/1ST ACCUSED: ------------------------------------------- K.CHANDRASEKHARAN NAIR, DWARAKA BHAVAN, MARIYAM, VENJARAMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.RAJESH RESPONDENTS/RESPONDENTS 2 AND 1/COMPLAINANT & STATE: ------------------------------------------------------- 1. BINULAL.S, SASTHA VIHAR, ALUMTHARA, VENJARAMOODU, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.M.KAMAPPU SRI.SUMAN CHAKRAVARTHY FOR R1 SRI.S.SUDHEER FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.Revision Petition No. 3241 of 2008 and Crl.M.A.No.11458/2008 ----------------------------------------------------------- Dated this the 18th day of November, 2008 O R D E R Revision petitioner is the first accused in C.C.290/2003 on the file of Judicial First Class Magistrate-II, Attingal. Revision petitioner along with the second accused was tried for the offence under Section 420 read with 34 IPC. The learned Magistrate on the evidence, acquitted second accused and convicted and sentenced revision petitioner for the offence under Section 420 IPC. 2. Revision Petitioner challenged the conviction and sentence before Additional Sessions Court, Thiruvananthapuram in Criminal Appeal No.395/2006. Learned Sessions Judge confirmed the conviction and sentence and dismissed the appeal. Revision is filed challenging the conviction and sentence. Crl.R.P.No.3241/2008 - 2 - 3. First respondent along with the revision petitioner filed Crl.M.A.No.11458/2008 for leave of the court to compound the offence under Section 320(2) of the Code of Criminal Procedure. Offence under Section 420 of IPC is compoundable with the leave of the court and it is the person who cheated who is entitled to compound the offence. First respondent is the person cheated. Therefore, he is entitled to compound the offence with the leave of the court. Crl.M.A. No.11458 of 2008 is allowed. Leave is granted to compound the offence. The offence is compounded. M. SASIDHARAN NAMBIAR, JUDGE skr