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. 3373 of 2009() ------------------------------ CRA.691/2006 of IST ADDL.SESSIONS COURT, ERNAKULAM ST.927/2004 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... REVN. PETITIONER(S): REVN. PETITIONER ------------------------------------- ALI. M.M, AGED 35, MAROTTICKKAL HOUSE, EDATHALA P.O., AMBUNAD. BY ADV. MR. RAJESH VIJAYAN RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- 1. T.A.PRASAD, AGED 38, S/O.ALIAS, THUMBRA PUTHEN PURAYIL HOUSE, ALLAPRA P.O., VENGOLA VILLAGE, ERNAKULAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR. M.S.GOPAKUMAR R2 BY PUBLIC PROSECUTOR MR. RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ P.S. GOPINATHAN, J. - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 3373 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2009 O R D E R 1. The revision petitioner was found guilty for an offence under Section 138 of the Negotiable Instruments Act by the Judicial First Class Magistrate, Perumbavoor in S.T.No. 927/2004. He was convicted and sentenced to undergo simple imprisonment for three months with direction to pay Rs.31,000/- as compensation to the 1st respondent under Section 357 (3) Cr.P.C. Though he preferred Criminal Appeal No.691/2006, he was not successful. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was filed. 3. Revision petitioner along with the 1st respondent settled the matter out of court and jointly filed a petition as Crl.M.Appl.No.10570/2009 seeking permission for compounding the offence. Having heard either side, I find Crl.R.P.No. 3373 of 2009 2 no reason to reject the petition. In the above circumstances, the petition Crl.M.Appl. No.10570/2009 is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act r/w Section 320 (8) of the Code of Criminal Procedure and is set at liberty. P.S. GOPINATHAN, JUDGE shg/