IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3931 of 2009() ------------------------------ CRA.37/2008 of ADDL.DISTRICT & SESSIONS FAST TRACT (ADHOC-II) COURT, KOZHIKODE CC.168/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... REVN. PETITIONER:APPELLANT/ACCUSED --------------------- T.DAMODARAN, S/O.CHEKKINI, THAIKKOD HOUSE, MOOLAD.P.O, NADUVANNUR, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS:RESPONDENTS/COMPLAINANT & STATE --------------- 1. BIJOSH JOHN, S/O.JOHN, PULLIRIKKARA HOUSE, CHERUKKAD.P.O, ATHIYODI, KOYILANDY TALUK, KOZHIKODE. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RITHWIK ADV. SRI.P.K.MOHANAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. = = = = = = = = = = = = = Crl.R.P.No.3931 of 2009. = = = = = = = = = = = = = Dated this the 18th day of December, 2009. O R D E R The revision petitioner is the accused in CC.No.168/2007 on the file of the Judicial Magistrate of the First Class-I, Perambra. The first respondent prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate, after due trial, arrived a conclusion of guilt. Consequently, the revision petitioner was convicted and sentenced to simple imprisonment for three months and to pay Rs.85,000/- as compensation to the first respondent. In Crl.Appeal No.37/2008, the Addl.Sessions Judge, Adhoc-II, Kozhikode confirmed the conviction and sentence. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was filed. Crl.R.P.No.3931 of 2009. -: 2 :- 2. The revision petitioner and the first respondent now settled the matter out of court and filed Crl.M.A.No.12469/2009 seeking order to compound the offence. Having heard either side, I find no reason to reject the petition. Hence Crl.M.A.No.12469/2009 is recorded and the revision petitioner is acquitted under Sec.147 of the Negotiable Instruments Act read with Sec.320(8) of the Code of Criminal Procedure and set at liberty. Criminal Revision Petition is disposed as above. P.S.GOPINATHAN, JUDGE. Kvs/-