IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.Rev.Pet.No. 3234 of 2010 () ------------------------------ ( CRA.86/2010 of III ADDL.SESSIONS COURT, KOLLAM ST.150/2009 of JUDL. FIRST CLASS MAGISTRATE COURT IV, KOLLAM) .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------- LIYONI.B,W/O.FRANCIS, ROBIN VILLA, PERINAD PO, KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS/ STATE & THE COMPLAINANT -------------------------------------------------------------------- 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31. 2. SHOOBA JOY, KOOROTHUVILA, KOTTAKAKOM, PERINAD PO, KOLLAM-08. BY PUBLIC PROSECUTOR, SMT. SUMANGALA P.N. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.K.MOHANAN, J. ------------------------------- Crl. R.P.No.3234 of 2010 ------------------------------- Dated this the 3rd day of November, 2010. O R D E R This revision petition is at the instance of an accused for the offence punishable u/s.138 of Negotiable Instruments Act, challenging his conviction and sentence. 2. The learned counsel for the revision petitioner submitted that, when the matter was pending before the appellate court as Crl.A.No.86/10 before the Court of III Addl. Sessions Judge, Kollam, the matter was settled out of court between the contesting parties and accordingly a compounding petition was filed on 2.7.2010 (C.F.No.1250/10). Along with the memorandum of revision petition, the revision petitioner has produced Annexure A1, the copy of the compounding petition dated 29.6.2010. The second page of Annexure A1 contain the seal of the appellate court, which contains the endorsement, ie.,the date on which the petition received in the court below and shown the hearing date as 2.7.2010. The learned counsel during the 2 Crl. R.P.No.3234 of 2010 consideration of the above revision petition, made available to me a certified copy of the said petition. 3. The appellate court though disposed the appeal by judgment dated 19.7.2010, but there is no reference as to the compounding petition filed before the Court below and the order if any passed thereon and the reason for not passing any order. The learned counsel submitted that on the basis of the settlement of the dispute, the revision petitioner has cleared the entire liability and the amount was received by the complainant and as such the complainant was also not interested in continuing the prosecution against the revision petitioner. 4. In the light of the above submission and in view of the records produced along with this revision petition, I am of the view that, the matter can be remitted back to the appellate court for fresh disposal of the appeal in the light of the compounding of the offence between the contesting parties as evidenced by Annexure A1. In the result, this revision petition is disposed of setting 3 Crl. R.P.No.3234 of 2010 aside the judgment dated 19.7.2010 in Crl.A.No.86/10 of the Court of IIIrd Addl. Sessions Judge-Kollam, for enabling the court to pass a fresh order after taking the compounding petition into consideration and after hearing all the parties concerned. Criminal revision petition is disposed of accordingly. V.K.MOHANAN, Judge. ami/