IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.Rev.Pet.No. 3854 of 2008() ------------------------------ CRA.571/2006 of ADDL. SESSIONS COURT (ADHOC), MAVELIKKARA CC.446/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KAYAMKULAM .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- PRASANNA, AGED 53 YEARS, D/O.KARTHIKEYAN, MANNAMPARAMBIL HOUSE, PERINGALA MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.R.RAJASEKHARAN PILLAI RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE: -------------------------------------- 1. C.V.PRAKASH, AGED 32 YEARS, S/O.VISWANATHA KURUP, MANGATTU VEEDU, PERINGALA P.O., KAYAMKULAM VILLAGE. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR. PUBLIC PROSECUTOR SRI.C.M. NAZAR FOR R2 ADV.LIGEY ANTONY FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.NO.3854 OF 2008 -------------------------------------------------- Dated this the 5th day of January, 2009 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C.446 of 2006 on the file of Judicial First Class Magistrate, Kayamkulam. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Additional Sessions Judge, Mavelikkara in Crl. Appeal 571 of 2006. Revision is filed challenging the conviction and sentence. 2. Crl.M.A.129 of 2008 is filed by the revision petitioner along with a memo filed by the first respondent to the effect that the matter has been settled amicably and he had received the entire amount covered by the dishonoured cheque. As the petition under section 147 of Negotiable Instruments Act was not filed by first respondent, as per order dated 19.12.2008, revision petitioner was directed to make available first respondent either personally or through a counsel. Adv. Ligey Antony has filed a vakalath for the first respondent and also made an endorsement in the memo filed by the first respondent that first respondent had received the entire amount CRRP 3854/08 2 covered by the dishonoured cheque. In such circumstances permission is granted to compound the offence. Offence is compounded. M. SASIDHARAN NAMBIAR, JUDGE okb