IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.Rev.Pet.No. 506 of 2010 (CRA.341/2009 of ADDL.SESSIONS COURT, (ADHOC), ERNAKULAM CC.94/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MUVATTUPUZHA) .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------- M.V.MATHEW, S/O.VARGHESE, MEKKARINGATTU HOUSE, ANIKADU.P.O., MALLAPPALLY, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SURIN GEORGE IPE RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. P.Y.SUNNY, S/O.YOHANNAN, PUNCHALAYIL HOUSE, VAZHAPPILLY, MUDAVOOR.P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.GEORGE MATHEW FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------------------------- Crl.R.P.NO. 506 OF 2010 -------------------------------------------------- Dated this the 11th day of February, 2010 O R D E R This revision petition is directed against the judgments of the court below by which the revision petitioner is convicted under Section 138 of the Negotiable Instruments Act (for short 'the N.I.Act') and sentenced accordingly. 2. The first respondent in this revision petition is the complainant. According to him, the revision petitioner issued a cheque for an amount of Rs.1,92,000/- towards the discharge of liability that was due to the complainant and when the cheque was presented for encashment, the same was returned as dishonoured for want of sufficient fund. Upon the said allegation and on filing a formal complaint, C.C.No.94 of 2008 was instituted in the court of the J.F.C.M., Moovattupuzha and finally, by judgment dated 29.4.2009 in C.C.No.94/2008, the trial court found that the accused is guilty and accordingly, he is sentenced to CRL.R.P.NO.506 OF 2010 :-2-: undergo simple imprisonment till the rising of the court and further sentenced to pay a fine of Rs.2 lakhs which shall be paid as compensation to the complainant and the default sentence is fixed as six months imprisonment. 3. Challenging the above conviction and sentence, the revision petitioner approached the lower appellate court by filing Crl.A.No.341 of 2009 and by judgment dated 31.10.2009, the court of the Additional Sessions Judge, Adhoc-I, Ernakulam dismissed the appeal confirming the conviction and sentence ordered by the trial court. It is the above judgments of the court below and the conviction and sentence challenged in this revision petition. 4. Today, by a separate order in Crl.M.A.No.1543 of 2009, this Court allowed the parties, viz., the revision petitioner/accused and the first respondent/complainant to compound the offence for which the revision petitioner is convicted. In the light of the above order, I am of the view that this revision petition can be allowed. CRL.R.P.NO.506 OF 2010 :-3-: 5. In the result, the judgment dated 29.4.2009 in C.C.No.94 of 2008 of the J.F.C.M.Court-II, Muvattupuzha and judgment dated 31.10.2009 in Crl.A.No.341 of 2009 of the Court of Additional Sessions Judge, Adhoc-I, Ernakulam are set aside acquitting the revision petitioner/accused. Accordingly, the revision petitioner/accused is acquitted. This Crl.R.P. is allowed as above. sd/- V.K.MOHANAN, Judge. MBS/ -true copy- P.A.TO JUDGE. CRL.R.P.NO.506 OF 2010 :-4-: