IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Crl.Rev.Pet.No. 3005 of 2009() ------------------------------ CRA.786/2007 of II ADDL.SESSIONS COURT, KOZHIKODE ST.580/2006 of SPECIAL JUDICIAL MAGISTRATE OF I CLASS (MARAD CASES), KOZHIKODE .................... REVN. PETITIONER: PETITIONER/ACCUSED: ---------------------------------------- BIJU.K.M., S/O.KRISHNAN NAIR, AGED 35, RESIDING AT MELEDATH HOUSE, KAIPURAM, KUPPAYAKKODE POST, VIA.KODENCHERY, KOZHIKODE DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENTS: COMPLAINANT: --------------------------- 1. PARASMAL LUNAWATT, S/O.PADMACHAND JAIN, PROPRIETOR, DOLPHIN FINANCE, KALLAI ROAD, KOZHIKODE REP.BY POWER OF ATTORNEY HOLDER K.GIRISHAN, S/O.BHASKARAN, AGED 52 YEARS, GREENS, PUTHIYARA POST, KOZHIKODE. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3005 of 2009 ---------------------------------------- Dated this the 25th day of September, 2009 ORDER The revision petitioner is the accused in S.T.No.580 of 2006 on the file of the Special Judicial Magistrate of the First Class (Marad cases), Kozhikode. The first respondent prosecuted him alleging offence under section 138 of the Negotiable Instruments Act. The learned Magistrate after due trial found the revision petitioner guilty. Consequently, he was convicted and sentenced to simple imprisonment for one month and directed to pay a sum of Rs.1,00,000/- as compensation to the first respondent under Section 357(3) of the Code of the Criminal Procedure. In appeal the learned II Additional Sessions Judge, Kozhikode confirmed the conviction but the substantive sentence was reduced to till rising of the court. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as was reduced in appeal, this revision petition was filed. Crl.R.P.No.3005 of 2009 2 3. The revision petitioner and the first respondent now settled the matter out of court and filed Crl.M.Appl.No.9284 of 2009 seeking sanction to compound the offence. Having heard either side and the learned public prosecutor, I find no reason to reject the petition. Hence, Crl.M.Appln.No.9284 of 2009 is recorded. The revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with section 320(8) of the Code of Criminal Procedure. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj