IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Crl.Rev.Pet.No. 3441 of 2005() ------------------------------ CRA.382/2003 of I ADDL. SESSIONS COURT, TRIVANDRUM CC.1/1999 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA .................... REVN. PETITIONER(S): ACCUSED/APPELLANT -------------------------------------- SASI, S/O.CHALLAPPAN PILLAI, RESIDING AT "SARAS NIVAS", MANCHAVILAKAM KOZHKOLLA DESOM, KOLLAYIL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S) --------------- 1. SARASWATHI AMMA, KEEZHEPLANKALA VEEDU, KRISHNAPURAM WARD, KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE (NO MORE) AND REPRESENTED BY HER LEGAL HEIR SHEELA, D/O.SARASWATHI AMMA, UTHRADAM VEEDU,MUTTAKKAD DESOM,VENGAROOR VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.SMITHA SUKUMARAN SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A.NO.22824/2005 IN CRL.R.P.NO.3441 OF 2005 DISMISSED 9-12-2010 Sd/-, P.Q.BARKATH ALI, JUDGE P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.3441 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2010 ORDER Revision petitioner is the accused in C.C.No.1/1999 of Judicial Magistrate of First Class I, Neyyattinkara and appellant in Crl.Appeal No.382/2003 of I Addl. Sessions Court, Thiruvananthapuram. The learned Magistrate by judgment dated August 13, 2003 convicted him under Section 138 of Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for a further period of three months. The accused was also directed to pay a compensation of Rs. 1,00,000/- to the complainant., in default to undergo simple imprisonment for a further period of six months. On appeal by the accused, the lower appellate court by judgment dated September 23, 2005 confirmed his conviction, but modified the sentence to simple imprisonment for three months and to pay a compensation of Rs. 1 lakh, in default to undergo simple imprisonment Crl.R.P.No.3441/2005 2 for a further period of three months. The accused has now come up in revision challenging his conviction and sentence. 2. When the revision petition came up for hearing today, the revision petitioner/accused and the revision first respondent/complainant filed a petition seeking permission to compound the offence which was allowed by me and the compromise is recorded. As the offence has been compounded, the conviction and the sentence imposed by the trial court which is confirmed in appeal are set aside and the accused is acquitted under Section 320 Cr.P.C. The revision petition is allowed as found above. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.3441/2005 2