IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.Rev.Pet.No. 1166 of 2004() ------------------------------ CC.NO.7/1998 OF JFCM - I, ERNAKULAM CRL.APPEAL NO.931/2003 OF IV ADDL. SESSIONS COURT, ERNAKULAM REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- K.K.KANAKAMMA, KUNNATH HOUSE, POLLATHAI P.O., VALAVANADU, ALAPPUZHA DISTRICT. BY ADV. SRI.ABRAHAM K.JOHN RESPONDENT(S): RESPONDENT/COMPLAINANT: -------------------------------------- 1. M/S. BALU ENTERPRISES, VOLTAS COMPOUND, VENKITARAMAN ROAD, WILLINGTON ISLAND, REP. BY ITS PROPRIETOR, P.B.PRADEEP. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.V.B.JINNAH PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A.NO.4957/2004 IN CRL.R.P.NO.1166/2004 DISMISSED 22-10-2010 Sd/-, P.Q.BARKATH ALI, JUDGE P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.1166 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this 22nd day of October, 2010 ORDER Revision petitioner is the accused in C.C.No.7/1998 on the file of Judicial First Class Magistrate I, Ernakulam and appellant in Crl.Appeal No.931/2003 of IV Addl. Sessions Court, Ernakulam. She was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs. 30,000/- to the complainant by the learned Magistrate by judgment dated November 20, 2001. On appeal by the accused, the lower appellate court by judgment dated March 14, 2003 confirmed her conviction, but reduced the sentence to simple imprisonment for one month. The direction to pay compensation was sustained. The accused has now come up in revision challenging her conviction and sentence. 2. When the revision petition came up for hearing today, a joint petition is filed by the appellant and revision second respondent CRRP.No.1166/2004 2 seeking permission to compound the offence which was allowed by me. As the offence has been compounded, the revision petition has to be allowed. In the result, revision petition is allowed. Conviction and sentence of the revision petitioner under Section 138 of Negotiable Instruments Act rendered by the trial court and confirmed by the lower appellate court are set aside. Accused is acquitted under Section 320 of Cr.P.C. Her bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. CRRP.No.1166/2004 2