IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Crl.Rev.Pet.No. 2678 of 2005(D) ------------------------------- CRA.17/2005 of ADDL.SESSIONS JUDGE, FAST TRACK COURT (ADHOC)-II, KOTTAYAM CC.411/2003 of JUDL. MAGISTRATE OF FIRST CLASS, CHENGANACHERRY .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- P.K. MOHANAN @ MOHANAN, LIFTMAN, S.R.NO.560987, LIC OF INDIA, DIVISIONAL OFFICE, M.G. ROAD, ERNAKULAM. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENT(S): RESPONDENTS/COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. T.K. JAYAN, CHIRAYIL THAZHE VEEDU, MUTTAMBALAM P.O., KOTTAYAM. BY ADV. SRI.P.A.CHANDRAN FOR R2 PUBLIC PROSECUTOR BY SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.R.P. No. 2678 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 8th day of November, 2011 O R D E R Revision petitioner is the accused in C.C.No.411/2003 on the file of the Judicial Magistrate of the First Class-II (Mobile), Kottayam and the appellant in Crl.A.No.17/2005 on the file of the Addl. Sessions Judge, Fast Track Court (Adhoc)-II, Kottayam. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year and to pay compensation of `1,00,000/-, in default to undergo simple imprisonment for six months by the trial court. On appeal by the accused, the lower appellate court confirmed his conviction, but reduced the substantive sentence to simple imprisonment for three months and confirmed the award of compensation and default sentence. Now the accused has come up in revision challenging his conviction and sentence. CRRP 2678/2005 2 2. When the revision petition came up for hearing today, the revision petitioner as well as the 2nd respondent jointly filed a petition Crl.M.A.No.9698/2011 seeking permission to compound the offence. The said petition was allowed by me and the offence was compounded. As the offence has been compounded, the revision petition has to be allowed and the revision petitioner/accused has to be acquitted. 3. In the result, the revision petition is allowed. The conviction entered and sentence imposed against the revision petitioner by the courts below are set aside and the revision petitioner/accused is acquitted under section 320 Cr.P.C.. His bail bonds are cancelled. The 2nd respondent is permitted to withdraw the amount of Rs.30,000/- deposited by the revision petitioner before the trial court as per order dated November 30, 2006 in Cr.M.A. No.17362/2005. P.Q. BARKATH ALI, JUDGE mn CRRP 2678/2005 3 P.Q.BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~ Crl.R.P. No. 2678 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~ O R D E R 8-11-2011