IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH DECEMBER 2006 / 16TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 1362 of 2006() ------------------------------ CRA.11/2005 of SESSIONS COURT, KOTTAYAM CC.569/2003 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... REVN. PETITIONER: APPELLANT/ACCUSED. ------------------------------------------------------------- K.C.AYYAPPANACHARI, S/O.CHAMI ACHARI, KALAPPURAKKAL HOUSE, POOVARANI P.O. MEENACHIL TALUK. BY ADV. SRI.BABY THOMAS SRI.GIGIMON ISSAC RESPONDENTS: COMPLAINANT --------------------------------------------- 1. K.S.RAJAPPAN NAIR, S/O.DAMODARAN NAIR, OLAYATHIL HOUSE, THALAPPALAM KARA, ERATTUPETTA PO, ERATTUPETTA VILLAGE. 2. THE KERALA STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL BY PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J --------------------------------------------- Crl. R.P. No.1362 of 2006 --------------------------------------------- Dated this the 7th day of December, 2006 ORDER The petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was convicted and sentenced to undergo simple imprisonment for a period of six months by the trial court. He was also directed to pay a sum of Rs.95,000/- as compensation to the complainant under Section 357(3) of the Code of Criminal Procedure and in default to undergo simple imprisonment for 45 days. The petitioner challenged the conviction and sentence in appeal. The appellate court confirmed the conviction and sentence. 2. Crl.M.A.No.12584/2006 was filed by the Revision petitioner/accused and the first respondent/complainant for compounding the offence, under Section 147 of the Negotiable Instruments Act and that application was allowed. Accordingly, this Crl.R.P. is allowed, the conviction and sentence are set aside and the petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. K.T.SANKARAN, JUDGE csl