IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.Rev.Pet.No. 441 of 2009() ----------------------------- CRA.232/2007 of SESSIONS COURT, KALPETTA ST.2411/2006 of JUDL.MAGISTRATE OF FIRST CLASS, SULTHANBATHERY .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------------------------- NASSAR, S/O.KUNJAN, ANAPATTATH HOUSE, VAZHIKKADAVU AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.SUNIL KUMAR A.G RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. T.K.SAMUAL, S/O.KURIYAN, THEVARETTU HOUSE, AMBUKUTHI, AMBALAVAYAL, SULTHAN BATHERY, WAYANAD DISTRICT. ADV. MR.M.C.ANTONY FOR R2 PUBLIC PROSECUTOR MR. P.R. JAYAKRISHNAN FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No. 441 OF 2009 -------------------------------------------------- Dated this the 5th day of February, 2009 O R D E R Revision petitioner is the accused and second respondent the complainant in S.T. 2411 of 2006 on the file of Judicial First Class Magistrate-I, Sulthan Bathery. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Confirming the conviction and sentence, Crl. Appeal 232 of 2007 filed by the revision petitioner, was dismissed by Sessions Judge, Kalpetta. Revision is filed challenging the conviction. 2. Crl.M.A.1331 of 2009 is jointly filed by second respondent and revision petitioner under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that they have amicably settled the dispute and second respondent received the amount covered by the dishonoured cheque from the revision petitioner. Crl.M.A.1331 of 2009 is allowed. Permission is granted to compound the offence. Offence is compounded. If the CRRP 441/2009 2 revision petitioner has deposited any amount before Judicial First Class Magistrate-I, Sulthan Bathery in this case, he is at liberty to withdraw the same. M. SASIDHARAN NAMBIAR, JUDGE okb