IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 691 of 2005(B) ------------------------------ CRA.581/2004 of V ADDL.SESSIONS COURT, ERNAKULAM CC.595/1995 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- M.M.RAJAN, AGED 42 YEARS, BENZAR TYRES, M.K.K.NAIR ROAD, PALARIVATTOM, KOCHIN-25. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- 1. V.K.NELSON, PROPRIETOR, METAL RUBBER AGENCIES, BANERJI ROAD, ERNAKULAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.BAIJU JOHN FOR R1 SRI.JOHN VARGHESE(THOPPIL) FOR R1 SMT.SARITHA.M.JOSE FOR R1 PUBLIC PROSECUTOR SRI. P.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A.NO.3553 OF 2005 IN CRL.R.P.NO.691 OF 2005 DISMISSED 2-12-2010 Sd/- , P.Q.BARKATH ALI, JUDGE /True Copy/ PA to Judge P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.691 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2010 ORDER Revision petitioner is the accused in C.C.No.595/1995 of Chief Judicial Magistrate Court, Ernakulam and appellant in Crl.Appeal No.581/2004 of V Addl. Sessions Court, Ernakulam. He was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo simple imprisonment for four months and to pay a compensation of Rs.12,000/- to the complainant, in default to undergo simple imprisonment for two months by the trial court by judgment dated May 27, 2004. On appeal by the accused, the lower appellate court by judgment dated December 6, 2004 confirmed his conviction, but modified the sentence to simple imprisonment for 15 days and to pay a fine of Rs. 15,000/- in default to undergo simple imprisonment for two months. The accused has now come up in revision challenging his conviction and sentence. 2. When the revision petition came up for hearing today, the Crl.R.P.No.691/2005 revision petitioner/accused and the revision first respondent/complainant filed a petition seeking permission to compound the offence which was allowed by me and the compromise is recorded. As the offence has been compounded, the conviction and the sentence imposed by the trial court which is confirmed in appeal are set aside and the accused is acquitted under Section 320 Cr.P.C. The revision petition is allowed as found above. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.691/2005