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. 4344 of 2006() CRA.430/2005 of II ADDL. SESSIONS COURT, PALAKKAD ST.2101/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- SAJIKUMAR, S/O.LATE GANGADHARAN, AGED 33 YEARS, RESIDING AT 12/604, KOPPAM AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CUSTOMER KURIES PRIVATE LIMITED, 38/873, MAJESTIC BUILDINGS, BIG BAZAR, PALAKKAD REP. BY ITS MANAGER T.SUBRAMANIAN, AGED 65 YEARS, RESIDING AT MYTHRI NAGAR, NURANI P.O., PIRAYIRI AMSOM, PALAKKAD DISTRICT. R2 BY ADV. SRI.P.S.VIJAYAN R1 BY PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------------- Crl.R.P.NO. 4344 OF 2006 --------------------------------- Dated this the 7th day of December,2006 O R D E R The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and the trial court imposed a sentence of simple imprisonment for fifteen days. The accused was also directed to pay a sum of Rs.19,487.50 as compensation under Section 357(3) of the Code of Criminal Procedure. On appeal by the accused, the Appellate Court confirmed the conviction and sentence and dismissed the appeal. 2. Crl.M.A. No.12577 of 2006, signed by the complainant and the accused and their counsel, filed under Section 147 of the Negotiable Instruments Act was allowed. Accordingly, the Criminal Revision Petition is CRL.R.P.NO.4344 OF 2006 :: 2 :: allowed, the conviction and sentence imposed on the petitioner are set aside and the petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. (K.T.SANKARAN) Judge ahz/ K.T. SANKARAN, J. --------------------------------- Crl.M.A.NO. 12577 OF 2006 --------------------------------- Dated this the 7th day of December,2006 O R D E R This is an application under Section 147 of the Negotiable Instruments Act, seeking to compound the offence under Section 138 of the Act. The application is signed by the revision petitioner/accused and the second respondent/ complainant. It is stated that the matter is settled between the parties. Hence the application is allowed. (K.T.SANKARAN) Judge ahz/