IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.Rev.Pet.No. 3294 of 2008() ------------------------------ CRA.174/2006 of ADDL. SESSIONS COURT (ADHOC)-II, KALPETTA ST.416/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II, SULTHANBATHERY .................... PETITIONER/REVISION /PETITIONER/APPELLANT/ACCUSED - M.K.MOIDEEN KOYA @ MANNAMKANDY MOIDEEN KOYA, AGED 42 YEARS, S/O.YOUSEF, M.P.VIII/482, MEENANGADI POST, PURAKKADI VILLAGE, S.BATHERY. BY ADV. SRI.RAFFEEKH.KOTTAKKAL RESPONDENT(S): RESPONDENT/RESPONDENT/COMPLAINANT ------------------------------------------------------------------- 1. P.K.UMMER HAJEE, AGED 50 YEARS, S/O.MOIDEENKUTTY, SAFOOR MANZIL, POST MUTTIL, MUTTIL NORTH VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV DEVY FOR R1 BY PUBLIC PROSECUTOR SRI.C.M. NAZER FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3294 OF 2008 & Crl.M.A.10065/2008 =========================== Dated this the 29th day of September,2008 ORDER Petitioner is the accused and first respondent the complainant. Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. The conviction was confirmed in the appeal. Revision is filed challenging the conviction and sentence. Petitioner and first respondent jointly filed Crl.M.A.10065/2008, a petition under section 147 of Negotiable Instruments Act stating that the matter is amicably settled between them and first respondent has received the amount due and therefore sought permission to compound the offence. As the petitioner was arrested on 20.9.2008 and is in Central Prison, Kannur, petitioner has not signed and instead his counsel has signed. For the first respondent complainant also his counsel has signed the petition. CRRP 3294/2008 2 Permission is granted to compound the offence. Offence is compounded. If petitioner/accused is not wanted in any other case, he shall be released forthwith. Registry to inform the Central Prison, Kannur. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006