IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Crl.MC.No. 2707 of 2007() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.1488/2001 CRA.58/1998 of III ADDL.SESSIONS COURT, KOLLAM .................... PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------- MURALEEDHARAN NAIR, PADMASREE, KILIKOLLOOR VILLAGE, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: STATE, COMPLAINANT & HIS LEGAL HEIR. ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.THAMPAN, SARASWATHY BHAVAN, SASTHRI JN., KOLLAM. 3. MASTER.KRISHNAN, S/O.THAMPAN (LATE), AGED 10 YEARS, REPRESENTED BY HIS PATERNAL UNCLE AND LEGAL GUARDIAN MR.K.THAMPY, PANAMOOTTIL HOUSE, KADAPPAKKADA, KOLLAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.P.B.SURESH KUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2707 of 2007 ---------------------------------------- Dated this the 3rd day of March 2008 O R D E R This petition is for permission to compound an offence under Section 138 of the Negotiable Instruments Act at the post revision stage. The decision in Sabu George v. Home Secretary [2007(1) KLT 982] had held that consequent to such a composition, it is possible to invoke the powers under Section 482 Cr.P.C. But the said decision has been overruled and in the light of the decision in Sudheerkumar v. Kunhiraman [2008(1) KLT 168](DB), the prayer to apply the dictum in Sabu George v. Home Secretary [2007(1) KLT 982] cannot be accepted. 2. This Criminal Miscellaneous Case is in these circumstances dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007