IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 15TH NOVEMBER 2006 / 24TH KARTHIKA 1928 Crl.Rev.Pet.No. 3983 of 2006() ------------------------------ CRA.200/2005 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.333/2003 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------ ZEENATH W/O. BASHEER PUTHUPPALLY THEKKU VEEDU COLONY KAYAMKULAM, ALLEPPEY DIST. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENTS/RESPONDENTS/COMPLAINANT&STATE: ---------------------- 1. MOHAMMED HANEEFA SALIN MANZIL PUTHUPPALLY VADAKKUM MURI PUTHUPPALLY VILLAGE KAYAMKULAM, ALLEPPEY DIST. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C.K. SURESH BY ADV. SRI.T.S.HARIKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J --------------------------------------------- Crl. R.P. No. 3983 OF 2006 --------------------------------------------- Dated this the 15th day of November, 2006 ORDER The revision is filed by the accused in C.C. No. 333/2003 on the file of the court of Judicial First Class Magistrate, Kayamkulam. The petitioner was found guilty of the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for one year. She was directed to pay a compensation of Rs. 45,000/- to the complainant under Section 357(3) of Code of Criminal Procedure. The accused challenged the conviction and sentence in Crl. A. No. 200/05 of Additional Sessions Court, I Mavelikkara. The appellate court allowed the appeal in part, confirmed the conviction and modified the sentence to imprisonment for a period of one month. The direction to pay the compensation was confirmed. 2. An application has been filed by the revision petitioner/accused and the first respondent/complainant under CRL.R.P.3983/2006 2 Section 147 of the Negotiable Instruments Act to compound the offence as Crl. M.A. No. 11449/06. That application is allowed. The conviction and sentence of the petitioner are set aside and petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. K.T.SANKARAN, JUDGE csl CRL.R.P.3983/2006 3