IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Crl.Rev.Pet.No. 157 of 2001() ----------------------------- CRA.220/2000 of SESSIONS COURT, MANJERI ST.2268/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... REVN. PETITIONER(S): APPELLANT - ACCUSED --------------------- RIYASUDHEEN EYSAQUE, AGED 31, S/O. MOHAMMED, KUNNATHUPARAMBAN HOUSE, NETTIKULAM, UPPADA P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SRI.M.V.BIPIN RESPONDENT(S): RESPONDENTS - COMPLAINANT & STATE --------------- 1. P.K.XAVIER, AGED 32, S/O. FRANCIS, PARAKKAL HOUSE, MANALODI, NILAMBUR POST, NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. ADV. SRI.P.SAMSUDIN FOR R1 PUBLIC PROSECUTOR SRI K.J.MOHAMED ANZAR FOR R2. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. -------------------------------------- CRL.R.P. 157 of 2001 -------------------------------------- Dated: DECEMBER 14, 2009 ORDER The accused in S.T.No.2268/1998 of Judicial First Class Magistrate Court, Nilambur, who is the appellant in Crl.A.No.220/2000 of Sessions Court, Manjeri, is the revision petitioner. He was convicted for the offence punishable under sec.138 of the Negotiable Instruments Act and is sentenced to undergo simple imprisonment for three months and also to pay a fine of Rs.5000/-, in default to undergo simple imprisonment for one month by the trial court. The fine amount, if realised, was ordered to be given to the complainant as compensation, which is confirmed in appeal. 2. When the revision petition came up for hearing today, both the parties filed a joint petition, Crl.M.Appln. No.12282/2009, seeking permission to compound the offence, which was allowed by me and the offence is compounded. As the offence is compounded, the revision petition is allowed. The conviction and sentence of the revision petitioner rendered by the trial court which is confirmed in appeal are set aside. He is acquitted under sec.320 of Cr.P.C. His bail bonds are cancelled. CRL.M.P.657 of 2001 Dismissed. P.Q. BARKATH ALI, JUDGE mt/-