IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Crl.Rev.Pet.No. 3126 of 2009 ------------------------------ CRA.518/2005 of IVTH ADDL.SESSIONS COURT, ERNAKULAM DT. 04.07.06 CC.1244/2003 OF JUDICIAL 1ST CLASS MAGISTRATE COURT, KOTHAMANGALAM DT.12.05.05 .................... REVISION PETITIONER/APPELLANT/ACCUSED ------------------------------------------------------ G.SUKUMARAN, AGED 78 YEARS, S/O. GOVINDAN, KUNNATHUVELIYIL HOUSE, K.R.PURAM P.O., CHERTHALA, ALAPPUZHA DIST. BY ADVS. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.K.V.REJANISH RESPONDENTS/ RESPONDENT NO.2 & STATE/COMPLAINANT -------------------------------------------------- 1. O.P.KUNJAPPAN, S/O. PAILY, AGED APPROX. 54 YEARS, ORAVALAKUDIYIL HOUSE, NELLIKUZHY KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADVS. SRI.REJI ABRAHAM SRI.M.B.SANDEEP R2 BY PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: shg/ P.S. GOPINATHAN, J. - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 3126 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2009 O R D E R 1. Revision petitioner is the accused in C.C. No.1244/2003 on the file of the Judicial Magistrate of the First Class, Kothamangalam. The 1st respondent herein prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. Revision petitioner pleaded not guilty to the charge. Hence he was sent for trial. After trial the learned Magistrate found the revision petitioner guilty. Consequently he was convicted and sentenced to simple imprisonment for six months. He was also directed to pay Rs.1,00,000/- as compensation to the 1st respondent under Section 357 (3) of the Code of Criminal Procedure. In appeal, while confirming conviction the substantive sentence was reduced to simple imprisonment two months. The order to pay compensation was sustained. Assailing the legality, correctness and Crl.R.P.No. 3126 of 2009 2 propriety of the above conviction and sentence as modified in appeal, this revision petition was filed. 2. The revision petitioner and the 1st respondent now settled the matter out of court and filed Crl.M.A. No.9670/2009 seeking permission to compound the offence. Having heard either sides, I find no reason to reject the same. Hence Crl. M.A. No. 9670/09 is recorded and the revision petitioner is acquitted under section 147 of the Negotiable Instruments Act r/w Section 320 (8) of the Code of Criminal Procedure and set at liberty. Revision petition is disposed as above. P.S. GOPINATHAN, JUDGE shg/