IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.Rev.Pet.No. 3041 of 2009 ---------------------------------------- [CRL.A.NO.207/2008 OF SESSIONS COURT (ADHOC-II), MANJERI, CC.NO.226/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA] .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- A.JYOTHIKUMAR, S/O.ACHUTHAN NAIR, BAGATH AGENCIES, PALOOR, PULAMATNOLE P.O., MALAPPURAM DISTRICT. BY ADV. MR.DEVIDAS.U.K. RESPONDENT/COMPLAINANT/STATE: -------------------------------------------------------- 1. A.P.MURALEEDHARAN, MENADATHIL HOUSE, PALOOR, PULAMATNOLE P.O., MALAPPURAM DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.P.VIJAYAMMA, R2 BY PUBLIC PROSECUTOR MR. RITHWIK. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S.GOPINATHAN, J. == = = = = = = = = = = = = = = = = = Crl.R.P.No.3041 of 2009. = = = == = = = = = = = = = = = = = = Dated this the 30th day of September, 2009. O R D E R The revision petitioner was convicted by the Judicial Magistrate of the First Class-I, Perinthalmanna in CC.No.226/2006 for an offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for two months with a direction to pay Rs.1,00,000/- as compensation to the first respondent under Sec.357(3) of the Code of Criminal Procedure with usual default clause. In appeal, the Addl.Sessions Judge, Manjeri confirmed the conviction. Substantive sentence is reduced to imprisonment till rising of court. The order to pay compensation was sustained. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal this revision petition was filed. 2. Now the revision petitioner along with the first respondent have settled the matter out of court and filed a joint petition as Crl.M.A.No.9405/2009 seeking permission Crl.R.P.No.3041 of 2009. -: 2 :- to compound the offence. 3. Having heard either side, I find no reason to reject the petition. Hence, the petition Crl.M.A. No. 9405/2009 is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with Sec.320(8) of the Code of Criminal Procedure and set at liberty. Criminal Revision Petition is disposed of as above. P.S.GOPINATHAN, JUDGE. Kvs/-