IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.Rev.Pet.No. 3612 OF 2008() ------------------------------ CRA.484/2005 of SESSIONS COURT (ADHOC-II), MANJERI ST.2767/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- SIVARAMAN, AGED 35 YEARS, S/O. VELAYUDHAN, PUNNARATH HOUSE, POST: KAPPIL, WANDOOR, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------------- 1. K.M. ISSAC S/O. MATHAYI, KEKKAD HOUSE, PADIKUNNU, POST: NILAMBUR, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) FOR R1 PUBLIC PROSECUTOR SRI. C.M. NAZER FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3612 OF 2008 ------------------------------------------ Dated this the 10th day of November, 2008 O R D E R First respondent is the complainant and petitioner the accused in S.T.2767 of 2004 on the file of Judicial First Class Magistrate, Nilambur. Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Sessions Court, Manjeri in Crl. Appeal 484 of 2005. Revision is filed challenging the conviction and sentence. 2. Crl.M.Appl. 11173 of 2008, an application under section 147 is jointly filed by first respondent and revision petitioner stating that they have settled the dispute and the entire amount due to first respondent was paid by revision petitioner and first respondent received the same and therefore they may be permitted to compound the offence. It is also stated that the amount which is now in deposit with trial Court may be allowed to be withdrawn by the revision petitioner. 3. As Crl.M.Appl. 11173 of 2008 is filed by first respondent, it is allowed. Permission is granted to compound CRRP3612/08 2 the offence. Offence is compounded. If any amount was deposited by revision petitioner in this case before the Magistrate consequent to a direction issued by the Magistrate or Sessions Judge, revision petitioner is entitled to withdraw the same. M. SASIDHARAN NAMBIAR, JUDGE Okb/-