IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.Rev.Pet.No. 2077 of 2008() ----------------------------------------- CRA.321/2002 OF ADDL. SESSIONS COURT (ADHOC-I), THALASSERY CC.432/1999 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------- T.M.ANILKUMAR, AGED 38 YEARS, S/O. KUMARAN, ERUVATTY, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT/RESPONDENT/COMPLAINANT: ----------------------------------------------------------------- STATE- REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 2077 OF 2008 ------------------------------------------ Dated this the 6th day of November, 2008 O R D E R Petitioner is the accused in C.C. 432 of 1999 on the file of Judicial First Class Magistrate, Kannur. On the basis of Ext.P1 complaint filed by Baburaj, who was examined as PW1, Ext.P3 F.I.R. was prepared and Crime 423 of 1998 of Valapattanam police station was registered. After investigation charge for the offence under section 420 of IPC alleging that revision petitioner induced PWs 1 and 2 that he will arrange visa on receipt of Rs.40,000/- and Rs.40,000/- was received from PWs 1 and 2 and petitioner did not arrange the visa and there was intention to cheat when the amount was received and revision petitioner misappropriated the amount so received from PWs 1 and 2. A final report was filed to the effect that petitioner committed the offence under section 420 of IPC. Learned Magistrate took cognizance of the offence. Petitioner pleaded not guilty. On the evidence of PWs 1 to 5 and Exts.P1 to P3, petitioner was convicted and sentenced for the offence under section 420 of CRRP 2077/08 2 IPC. Petitioner challenged the conviction and sentence before Sessions Court, Thalassery in Crl. Appeal 321of 2002. Learned Sessions Judge confirmed the conviction and sentence and dismissed the appeal. Revision is filed challenging the conviction and sentence. 2. Crl.M.P.10793 of 2008 is filed by PWs 1 and 2, who were allegedly cheated by the petitioner, to get themselves impleaded as additional respondents in the revision. They also filed Crl.M.A.10794 of 2008, a petition seeking leave of the Court to compound the offence stating that they have received the amount due to them from the revision petitioner and therefore they may be permitted to compound the offence. As the prosecution case is that it was PWs 1 and 2 who were cheated by the petitioner, Crl.M.P.10793 of 2008 is allowed and PWs 1 and 2 examined before the trial Court, were impleaded as additional respondents. 3. The offence under section 420 of IPC is compoundable with the leave of the Court as provided under sub section 2 of section 320 of Code of Criminal Procedure. The offence can be compounded by the person cheated with the leave of the Court. As respondents 2 and 3 who were examined CRRP 2077/08 3 as PWs 2 and 3 before the learned Magistrate, are the persons cheated by revision petitioner, they are entitled to compound the offence with leave of the Court. Hence Crl.M.A.10794 of 2008 is allowed. Leave is granted to compound the offence. Offence is compounded. M. SASIDHARAN NAMBIAR, JUDGE Okb/-