IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.Rev.Pet.No. 2729 of 2009() ------------------------------ CRA.216/2006 of SESSIONS COURT, KOZHIKOE ST.1159/2005 of SPECIAL JFCM (MARAD CASES) KOZHIKODE .................... REVISION PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------- A.T.SALEEM AHMED S/O. A.T.BASHEER 11 APPU MAISTRY STRET, NEAR MANNADY POLICE QUARTERS, CHENNAI-1. BY ADV. SRI.T.P.PANKAJAKSHAN RESPONDENTS: COMPLAINANT & ANOTHER ------------------------------------ 1. M.H.A. MOHAMMED RABIQUE (DIED0 THROUGH LEGAL HEIRS REPRESENTED BY POWER OF ATTORNEY HOLDER M.H.A. SIKKANDAR YOUNGER SON OF LATE M.H.A. MOHAMMED RAFEEQUE NO.`16/227, VAYALIL, KUTTICHIRA, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.SELJUM P.EMMANNUEL FOR R1 P.P.SRI. C.M. NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... CRL.R.P.NO.2729 OF 2009 ............................................. Dated this the 24th day of August, 2009 O R D E R This revision is preferred against the judgment of the Sessions Judge, Kozhikode in Crl.A.No.216/2006. It was a case under Section 138 of the N.I.Act. The trial Magistrate found the accused guilty under Section 138 and sentenced him to undergo S.I for 9 months and to pay a sum of Rs.3,50,000/= towards compensation under Section 357 (3) of the Cr.P.C with default sentence. The appeal was partly allowed and the sentence of imprisonment was reduced from 9 months to one month and in all other respects, it was confirmed. It is against that decision, the present revision is filed. During the pendency, the complainant died and his legal representatives and the accused together have filed an application for compounding the offence. Since five of the legal representatives have settled down in Madras, they have given power of attorney to one A.T. Salim, their brother and it is recorded that they have settled the dispute by making the payment. It is also submitted that the legal : 2 : CRL.R.P.NO.2729 OF 2009 heirs have no grievance against the revision petitioner in respect of S.T.No.1159/2005 and Crl.A.No.216/2006. The compounding is also recorded. In the light of the composition of the offence, it has become necessary to set aside the conviction and sentence passed by the courts below. Therefore, the conviction and sentence passed by the courts below are set aside and the compounding is recorded as settled. The said composition shall have the effect of acquittal as contemplated under Section 320(8) of the Cr.P.C. The criminal revision petition is disposed of accordingly. M.N.KRISHNAN, JUDGE cl