IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.Rev.Pet.No. 154 of 2003(A) ----------------------------- CRA.178/1999 OF ADDL. SESSIONS COURT, FAST TRACK COURT NO.II, PALAKKAD ST.5976/1998 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- VIJAYAKUMARAN S/O. RAMAKRISHNAN EZHUTHASAN, NAMBLITHODI HOUSE, THALOOR P.O., PALLAVOOR, PALAKKAD DISTRICT BY ADVS. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: RESPONDENT/COMPLAINANT ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM *ADDITIONAL R2 IS IMPLEADED: R2. K. KUMARAN, S/O. KRISHNANKUTTY EZHUTHASSAN, KOOTTUPARA VEEDU, KOODALLUR P.O., PALAKKAD DISTRICT * (ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 16.01.2003 IN CRL.M.P. NO.503/2003.) R1 BY PUBLIC PROSECUTOR MR.JAYAKRISHNAN R2 BY ADVS. SRI.H.BADARUDDIN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: shg/ P.S. GOPINATHAN, J. - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 154 of 2003 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2009 O R D E R 1. Revision petitioner was convicted by the Judicial First Class Magistrate, Chittur in S.T. No.5976/1998 for offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.2,000/-. Aggrieved by the above conviction and sentence, Criminal Appeal No.178/1999 was filed before the Sessions Judge, Palakkad. The appeal was allowed in part. Conviction was confirmed. The substantive sentence was reduced to simple imprisonment for three months. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as reduced in appeal, this revision petition was filed. 3. The revision petitioner along with the 1st respondent settled the matter out of court and jointly filed a petition as Crl.M.Appl.No.10396/2009 seeking permission Crl.R.P.No. 154 of 2003 2 for compounding the offence. Having heard either side, I find no reason to reject the petition. In the above circumstances, the petition Crl.M.Appl. No.10396/2009 is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act and r/w Section 320 (8) of the Code of Criminal Procedure and is set at liberty. The amount, if any, deposited by the revision petitioner before the trial court shall be refunded to him. P.S. GOPINATHAN, JUDGE shg/