IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 742 of 2002() ----------------------------- CRA.108/2000 of ADDL.SESSIONS COURT, FAST TRACK (ADHOC-I), ALAPPUZHA CC.523/1999 of JDUL.MAGISTRATE OF FIRST CLASS, RAMANKARI .................... REVN.PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------- BABU ANTONY, AGED 40 YEARS, RESIDING AT NADAKKAPARAMBIL, PATHIRAPPALLY P.O., ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR RSPONDENTS/COMPLAINANT & STATE: ---------------------------------------------- 1. MOHANDAS, AGED 45, PROPRIETOR, JAYASREE FINANCE AND INVESTIMENT, KAITHAVANA, ALAPPUZHA DIST. 2. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY THROUGH THE PUBLIC PROSECUTOR, ERNAKULAM. ADV. SRI.ROY CHACKO FOR R1 P.P.SRI. MUHAMMED PUZHAKKARA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CRL.R.P.No.742 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December, 2008 O R D E R Petitioner, who has been concurrently found guilty by the trial court as well as the appellate court under Section 138 of the Negotiable Instruments Act, has preferred this revision petition. The trial court had convicted and sentenced the petitioner to undergo simple imprisonment for 6 months and to pay a sum of Rs.9,800/= under Section 357(3) of the Code of Criminal Procedure to the complainant as compensation. In appeal, the substantive sentence was modified and reduced to simple imprisonment for one month. 2. Petitioner/accused and the complainant have filed a petition under Section 147 of the Act stating that the matter has been compromised out of court and the complainant has received the entire money payable by the accused in connection with the above cheque transaction. Therefore, they pray that they may be permitted to compound the offence. The parties and their respective counsel have signed in the petition. 2 In the facts and circumstances, the petition for composition is allowed and the petitioner is acquitted. A.K.BASHEER, JUDGE) cl 3 A.K.BASHEER, J. CRL.R.P.No.742 OF 2002 O R D E R 16th December, 2008