IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 566 of 2007() ----------------------------- S.T.NO.220/2003 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA CRL.A.346/2005 OF ADDL.SESSIONS COURT, (ADHOC-III) PATHANAMTHITTA REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------------------- HARI.P.K., KAILAS BHAVAN, PUZHAVATHU, CHANGANASSERI. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE --------------------------------------------------------------- 1. AJOY L.S., LAXMI VILASOM, (THIRUVONAM), KIZHAKKENADA, CHENGANNUR, ALLEPPEY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.S.HARIKRISHNAN FOR R.1 BY PUBLIC PROSECUTOR SRI.C.M.NAZAR FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 566 OF 2007 =========================== Dated this the 18th day of December,2008 ORDER Revision petitioner is the accused and first respondent the complainant in S.T.220/2003 on the file of Chief Judicial Magistrate, Pathanamthitta. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Sessions Court, Pathanamthitta in Crl.A.346/2005. Revision is filed challenging the conviction and sentence. 2.Crl.M.Appl.12562/2008 is jointly filed by first respondent and revision petitioner under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that revision petitioner has paid the amount due under the dishonoured cheque less Rs.50,000/- which is in deposit before the Magistrate which can be withdrawn by the first respondent and they have CRRP 566/2007 2 amicably settled the dispute. Crl.M.Appl.12562/2008 is allowed. Permission is granted to compound the offence. Offence is compounded. First respondent is permitted to withdraw the amount, if any, deposited, before the Magistrate in this case. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006