IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.Rev.Pet.No. 209 of 2009() ----------------------------- CRA.24/2008 of ADDL.SESSIONS JUDGE, ERNAKULAM. CC.106/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... REVN. PETITIONER(S): PETITIONER/APPELLANTS/ACCUSED 1,3 AND 4 ------------------------------------------------------------------------------ 1. M/S TRADE POINT,M.P.III/191,K.K.ROAD, MUNDAKAYAM, REPRESENTED BY MANAGING PARTNER, 3RD ACCUSED, M.A.NAZIRUDDIN. 2. M.A.NAZIRUDDIN, MANAGING PARTNER, TRADE POINT,NORTH SQUARE BUILDINGS, PARAMAR RAOD, KOCHI-18. 3. MRS.V.E.RASHEEDA, PARTNER,TRADE POINT, NORTH SQUARE BUILDINGS, PARAMARA ROAD, KOCHI-18. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENT(S): RESPONDENT/COMPLAINANT/STATE AND ACCUSED 5 & 6 ------------------------------------------------------------------------------------ 1. KERALA STATE RUBBER CO-OP LTD,K.V.R. TOWERS,4TH FLOOR, MAHATMA MANDIR JUNCTION, SOUTH BAZAAR,KANNUR,REP;BY M.D.,THROUGH P/A HOLDER, M.RAMANUNNY,S/O.V.R.R.PANICKER,COMMERCIAL MANAGER, KERALA STATE RUBBER CO-OPERATIVE LTD, TRADING DIVSISION, ST.BENEDICTS ROAD, KOCHI-18.POWER OF ATTORNEY HOLDER CHANGED. NOW MANOJKUMAR K.V. IS HOLDING POWER OF ATTORNEY OF THE 1ST RESPODNENT COMPANY. 2. STATE OF KERALA, REPRESENTED BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 3. MR.K.P.SHOUKATH,DEPUTY MANAGING PARTNER, TRADE POINT, NORTH SQUARE BUILDINGS, PARAMARA ROAD, KOCHI-18. 4. MRS.RAHMATH SHOUKATH, PARTNER, TRADE POINT, NORTH SQUARE BUILDINGS, PARAMARA RAOD, KOCHI-18. ADV. SRI.MATHEW SEBASTIAN FOR R1 BY PUBLIC PROSECUTOR SRI.P.R.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 209 OF 2009 =========================== Dated this the 27th day of January,2009 ORDER Revision petitioners are the accused 1,3 and 4 and first respondent the complainant in C.C.106/2002 on the file of Judicial First Class Magistrate Court II, Kochi. Revision petitioners were convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Additional Sessions Judge, Ernakulam in Crl.A.24/2008. Revision is filed challenging the conviction and sentence. 2. Crl.M.Appl.643/2009 is jointly filed by first respondent and revision petitioners under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that they have settled the dispute out of court and therefore they may be permitted to CRRP 209/2009 2 compound the offence. Crl.M.A.643/2009 is allowed. Permission is granted to compound the offence. Offence is compounded. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006