IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.Rev.Pet.No. 3397 OF 2008() ------------------------------ CRA.72/2007 of SESSIONS COURT, KOTTAYAM ST.38/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------- SEBASTIAN THOMAS @ KUNJUKUTTY, S/O. THOMAS, KALAMUNDAYIL HOUSE, R.P.C. P.O. MUDAKKAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ROY MATHEW, S/O. MATHEW, VADAKEDATHU HOUSE, VARIKANI, R.P.C P.O, MUNDAKKAYAM. PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU FOR R1 ADV. SRI.K.T.SHYAMKUMAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. No. 3397 of 2008 And Crl.M.Appl.No.10403 of 2008 ------------------------------------------ Dated this the 16th day of October, 2008 O R D E R Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act in S.T.38 of 2005 by Judicial First Class Magistrate-I, Kanjirappally. Petitioner challenged the conviction before Sessions Court, Kottayam in Crl. Appeal 72 of 2007. Conviction was confirmed, but sentence was modified. Revision is filed challenging the sentence. Second respondent is the complainant. 2. Second respondent along with petitioner jointly filed Crl.M.A.10403 of 2008, under section 147 of Negotiable Instruments Act stating that they have settled the dispute between them and seeking permission to compound the offence. As the offence is compoundable and the petition is signed by the complainant/second respondent and his counsel, Crl.M.A.10403 of 2008 is allowed. Permission is granted to compound the offence. Offence is compounded. M. SASIDHARAN NAMBIAR, JUDGE Okb/-