IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Crl.Rev.Pet.No. 946 of 2002() ----------------------------- CRA.113/1999 of III ADDL.SESSIONS COURT, KOLLAM CC.973/1997 of JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY .................... REVN. PETITIONER: APPELLANT/ACCUSED -------------------------------------- VIMALA.S.NAIR, NEELATHU VEEDU, NADAKKARI MURI, MAVELIKKARA TALUK. BY ADV. SRI.K.HARILAL RESPONDENTS: RESPONDENTS/COMPLAINANT -------------------------------------- 1. T.K.THAMPI, THADATHIL VADAKKATHIL, VADAKKUM MURI, KIZHAKKU THAZHAVA VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN ADV. SRI.T.A.UNNIKRISHNAN FOR R1 SRI.P.P.THAJUDEEN FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.946 of 2002 ---------------------------------------- Dated this the 30th day of October, 2009 ORDER The revision petitioner is the accused in C.C.No.973 of 1997 on the file of the Judicial Magistrate of the First Class, Karunagappally. The first respondent herein prosecuted the revision petitioner for offence under section 138 of the Negotiable Instruments Act. The learned magistrate, after due trial, found the revision petitioner guilty. Accordingly, he was convicted and sentenced to undergo simple imprisonment for six months. He was also directed to pay Rs.2,00,000/- as compensation to the first respondent under section 357(3) of the Code of the Criminal Procedure. The learned III Additional Sessions Judge, Kollam, in appeal, confirmed the above conviction and sentence. 2. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed. Today, when the revision petition came up for hearing the revision petitioner and the first respondent jointly filed a petition as Crl.M.Appl.No.10554 of 2009 seeking permission for Crl.R.P.No.946 of 2002 2 compounding the offence alleged. Having heard either side and the learned public prosecutor, I find no reason to reject the petition. In the above circumstances the petition Crl.M.Appl.No.10554 of 2009 is recorded and the revision petitioner is acquitted U/s.147 of the Negotiable Instruments Act r/w section 320(8) of the Code of Criminal Procedure. He is set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.