IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.Rev.Pet.No. 972 of 2007() ----------------------------- CRA.567/2004 of SESSIONS COURT (ADHOC-II), MANJERI. CC.189/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), MANJERI. .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: -------------------------------------------------- VEERANKUTTY HAJI, S/O. VALAPPAN ABDURAHIMAN HAJI, VALAPPAN HOUSE, NILAMPATHY, AMARAMPALAM, P.O. NILAMBUR, POOKOTTUMPADAM, MALAPPURAM. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): COMPLAINANT AND STATE: -------------------------------------------------- 1. E. MOHAMMAD, S/O. MAMMAD, MANNARAKKAL HOUSE, ATHANIKKAL, VALLUVAMBARAM POST, POOKOTTUR VILLAGE, MALAPPURAM DIST. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.BABU S. NAIR FOR R1 BY PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.972 OF 2007 =========================== Dated this the 15th day of October,2008 ORDER First respondent is the complainant and petitioner the accused in C.C.189/2003. Petitioner was concurrently convicted and sentenced for the offence under section 138 of Negotiable Instruments Act by the Judicial First Class Magistrate II (Forest Offences), Manjeri. Revision is filed challenging the conviction and sentence. Crl.M.Appl.10187/2008 is filed jointly by first respondent and revision petitioner under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that they have settled the dispute and first respondent may be permitted to withdraw Rs.1 lakh which is available in the Judicial First Class Magistrate II, Manjeri deposited by the petitioner as directed by this court. As Crl.M.Appl.10187/2008 is signed by first respondent and his counsel, revision CRRP 972/2007 2 petitioner and his counsel, it is allowed. Permission is granted to compound the offence. Offence is compounded. As agreed to by the parties, first respondent is permitted to withdraw the amount, if any, deposited by the petitioner before the Judicial First Class Magistrate II, Manjeri as directed by this court as per order dated 5.3.2007. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006