IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 1396 of 2009() ------------------------------ CRA.385/2007 of ADDL.SESSIONS COURT-II, KOZHIKODE ST.357/2006 of JUDICIAL MAGISTRATE OF THE FIRST CLASS (MARAD CASES), KOZHIKODE .................... REVN. PETITIONERS: --------------------- 1. M/S HADEED STEELS, REPRESENTED BY ITS MANAGING PARTNERS P.M. MUHAMMAD ALI BABU AND MUHAMMED ASHRAF, AL NIKHIL TOWER, CHELARI, THENHIPALAM, MALAPPURAM. 2. P.M. MUHAMMED ALI BABU, S/O. P.M. AHAMMED KUTTY, CHERAMBATH HOUSE, CHELARI, THENHIPALAM P.O., MALAPPURAM. 3. MUHAMMED ASHRAF, S/O. ABDUL RAHIMAN HAJI, MUNDAKKAMANNIL HOUSE, VELOMUKKU, MALAPPURAM. BY ADV. SRI.E.NARAYANAN RESPONDENTS: --------------- 1. HUMAYOON K, S/O. ABDUL GAFOOR, PROPRIETOR, HUMAYOON AND ASSOCIATES, HEAD OFFICE, OPPOSITE, R.K. MISSION HIGH SCHOOL, MEENCHANDA, KOZHIKODE. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN ADV. SRI.K.M.FIROZ FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl.R.P.No.1396 of 2009 ---------------------------------- Dated this the 21st day of December, 2009 ORDER The revision petitioners were convicted by the Judicial Magistrate of the First Class (Marard Cases),Kozhikode in S.T.No.357 of 2006 for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for three months each with order to pay Rs.1,50,000/- each as compensation. In Criminal Appeal No.385 of 2007 the conviction was confirmed. But the sentence was reduced to imprisonment till rising of the court. The order to pay compensation was sustained. 2. Now, the revision petitioners along with the first respondent settled the matter out of court and filed Crl.M.Appl.No.12624 of 2009 seeking an order to record compounding. Having heard either side, I find no reason to reject the petition. Hence the petition Crl.M.Appl.No.12624 of 2009 is recorded and the revision petitioner would stand acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure and is set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.