IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Crl.Rev.Pet.No. 1740 of 2002(C) ------------------------------- CRA.75/2000 of V ADDL.SESSIONS COURT, ERNAKULAM CC.324/1998 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED. --------------------------------------- H.RANJITH,MANAGING PARTNER, M/S.VALLAT PLASTICS, MUNDAKKAYAM EAST,PIN: 686513. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.BOBBYMATHEW KOOTHATTUKULAM SRI.LATHEESH SEBASTIAN RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE: ------------------------------------------------- 1. M/S.V.G.SARAF & SONS,39/1809, M.G.ROAD, KOCHI-16,REPRESENTED BY AVINASH.V.SARAF,,DIRECTOR. 2. STATE OF KERALA,REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS. HIGH COURT OF KERALA,ERNAKULAM, COCHIN-31 ADV. SRI.PEEYUS A.KOTTAM FOR R1 SRI.LOUIS KENNEDY FOR R1 PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1740 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2009 ORDER Revision petitioner is the accused in C.C.No.324/1998 of Addl.Chief Judicial Magistrate (Economic Offences), Ernakulam and appellant in Crl.Appeal No.75/2000 of Additional Sessions Court, Ernakulam. He was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo rigorous imprisonment for eight months and to pay a fine of Rs. 1,00,000/-, in default to undergo simple imprisonment for three months. On appeal, his conviction was confirmed, but sentence was modified to the effect that he was sentenced to undergo simple imprisonment for eight months. The direction for payment of fine was confirmed. Th accused has now come up in revision challenging his conviction and sentence. 2. The case of the first respondent/complainant as testified by him as PW1 before the trial court and as detailed in the complaint was that accused purchased plastic resin from the complainant on credit Crl.R.P.No.1740/02 Page numbers basis and towards part payment of the amount, the accused issued the cheque Ext.P1 for Rs. 1,86,606.95 on December 16, 1996 drawn on the Mundakkayam branch of State Bank of Travancore which when presented for collection was returned dishounoured for want of sufficiency of funds in the account of the accused in the bank and that in spite of notice Ext.P4 dated January 2, 1997, the accused did not repay the amount which is an offence punishable under Section 138 of Negotiable Instruments Act. 3. On receipt of the complaint, the learned Magistrate recorded the sworn statement of the complainant and took cognizance of the offence. The accused on appearance before the trial court pleaded not guilty to a charge under Section 138 of Negotiable Instruments Act. PW 1 was examined and Exts.P1 to P7 were marked on the side of the complainant. When questioned under Section 313 of Cr.P.C., the accused denied the entire transaction. No defence evidence was adduced. 4. The trial court on an appreciation of evidence found the revision petitioner guilty of the offence punishable under Section 138 Crl.R.P.No.1740/02 Page numbers of Negotiable Instruments Act, convicted him thereunder and sentenced him as aforesaid. On appeal his conviction was confirmed but the sentence was modified as aforesaid. The accused has now come up in revision challenging his conviction and sentence. 5. When the revision petition came up for hearing today, revision petitioner and revision first respondent/complainant filed a joint petition seeking permission to compound the offence which was allowed by me. As the offence has been compounded, the revision petition has to be allowed and the accused/revision petitioner has to be acquitted. In the result, the revision petition is allowed. The conviction and sentence of the revision petitioner/accused is set aside and the accused is acquitted of the offence alleged against him under Section 320 Cr.P.C. His bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.1740/02 Page numbers