IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.Rev.Pet.No. 3425 of 2009() ------------------------------ CRA.47/2008 of ADDL. DISTRICT & SESSIONS COURT(ADHOC) FAST TRACK III, PATHANAMTHITTA CC.947/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... REVN. PETITIONER / APPELLANT/ACCUSED -------------------------------------- SEBASTIAN V.MATHEW, VALIAPARAMBIL VEEDU, EDATHUA P.O., THIRUVALLA. BY ADV. MR. R.SANTHOSH BABU RESPONDENTS / RESPONDENTS / COMPLAINANT & STATE ---------------------------------- 1. P.THYAGARAJAN, S/O.PADMANABHA PANICKER, RAJ VILAS, ERUMAKKAD P.O., VALLANA KIDANGANNOOR VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR. SHYAM.T.MATHEW R2 BY PUBLIC PROSECUTOR MR. RITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ P.S. GOPINATHAN, J. - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 3425 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2009 O R D E R 1. Revision petitioner was convicted by the Judicial First Class Magistrate-I, Pathanamthitta in C.C. No.947/2006 for offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,50,000/-. In Criminal Appeal No.47/2008, the Additional Sessions Judge (Ad hoc) Fast Track-III, Pathanamthitta confirmed the conviction and sentence and the appeal was dismissed. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was filed. 3. The revision petitioner along with the 1st respondent settled the matter out of court and jointly filed a petition as Crl.M.Appl.No.10776/2009 seeking permission Crl.R.P.No. 3425 of 2009 2 for compounding the offence. Having heard either side, I find no reason to reject the petition. In the above circumstances, the petition Crl.M.Appl. No.10776/2009 is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act and r/w Section 320 (8) of the Code of Criminal Procedure and is set at liberty. P.S. GOPINATHAN, JUDGE shg/