IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 4013 of 2008() -------------------------------------------- CRA.68/2007 of VITH SESSIONS COURT, ERNAKULAM CC.1223/2002 of JUDL.MAGISTRATE OF FIRST CLASS – I, NORTH PARAVUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------------- 1. M/S.TRITEE SEA FOOD COMPANY, MADURA COMPANY ROAD, PALLURUTHY, KOCHI-6. REP.BY ITS MANAGING DIRECTOR, TOM THOMAS R/AT.OLASSAYIL, SUJATH ROAD, KOCHI-68202. 2. TOM THOMAS, 59 YEARS, MANAGING DIRECTOR, M/S.TRITEE SEA FOOD COMPANY R/AT.OLASSAYIL, SUJATAH ROAD, KOCHI-682002. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): RESPONDENT / COMPLAINANT ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P.PRASANTH, S/O.K.K.PUSHKARAN, KUTTANPARAMBATH HOUSE, PALLIPORT PO., MUNAMBAM. PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU SRI.RAJESH VIJAYENDRAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------------------------- Crl.Revision Petition No. 4013 of 2008 and Crl.M.A.No.12232 of 2008 ----------------------------------------------------------- Dated this the 10th day of December, 2008 O R D E R Revision petitioners are the accused and second respondent the complainant in C.C.No.1223/2002 on the file of Judicial First Class Magistrate Court, North Paravur. Revision petitioners were convicted and sentenced for the offence under Section 138 of Negotiable Instruments Act. Conviction was confirmed by Additional Sessions Judge, Ernakulam in Criminal Appeal No.68 of 2007. This revision is filed challenging the conviction and sentence. 2. Crl.M.Appl. No.12232 of 2008 is filed jointly by the second respondent and revision petitioners seeking permission to compound the offence stating that they have settled the dispute out of court. They have also stated that revision petitioners Crl.R.P.No.4013 of 2008 - 2 - deposited Rs.1,00,000/- before the Additional Sessions Court, Ernakulam and it is to be released to the second respondent. Crl.M.Appl.No.12232 of 2008 is allowed. Permission is granted to compound the offence. The offence is compounded. If revision petitioners had deposited any amount before the Magistrate court or Additional Sessions court, second respondent is permitted to withdraw the same. Sd/- M. SASIDHARAN NAMBIAR, JUDGE skr // True copy // P.A. to Judge.