IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 20TH DECEMBER 2006 / 29TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 1062 of 2001() ------------------------------ CC.472/1997 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM CRA.426/1998 of I ADDL.SESSIONS COURT, ERNAKULAM .................... REVN. PETITIONER: ---------------------------- 1. MOHAMMED ESMAIL SIDDIQUE @ NAZEER, MANAGING PARTNER, M/S.JAYA EXPORTS, P.B.NO.188, SHAM SHAN TOWER, KOCHI-2. 2. M/S.JIYA EXPORTS, P.B.NO.188, SHAM SHAN TOWER, KOCHI-2, REPRESENTED BY ITS MANAGING PARTNER MOHAMMED ESMAIL SIDDIQUE @ NAZEER. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: --------------------- 1. M/S.GREENWAYS SHIPPING AGENCIES PVT. LTD., W/ISLAND, COCHIN-3, REPRESENTED BY ITS GENERAL MANAGER, M.K.M.NAIR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.V.J.MATHEW SRI.P.P.RAJESH SRI.SABU P.JOSEPH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------- Crl.R.P. No.1062 of 2001 --------------------------------------- Dated this 20th day of December, 2006. O R D E R Revision Petitioners are the accused in C.C.No.472 of 1997 on the file of the Judicial Magistrate of First Class-I, Ernakulam. First respondent is the complainant therein. Revision petitioners were convicted and first revision petitioner was sentenced by the Magistrate's Court to undergo simple imprisonment for three months and also directed to pay fine of Rs.1,70,000/- to the complainant in default of payment to undergo simple imprisonment for three months under section 138 of Negotiable Instruments Act and second revision petitioner was sentenced to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one month under Section 138 of the Negotiable Instruments Act. In appeal filed by them, the conviction was confirmed, but sentences were modified by the District Court. This revision arises from the said conviction and sentence. 2. At the time of hearing, both sides submitted that a petition as Crl.M.A.No.12922 of 2006 is filed for compounding the offence. It is also submitted by both sides that the matter is settled out of court amicably between the parties and that the amount is also paid to the complainant. On hearing both sides and on going through the averments in the petition, I am satisfied that this is a fit case to grant permission to compound the offence. In the result, Revision Petitioners are acquitted of offence under section 138 of the Negotiable Instruments Act, as offence is compounded. They are set at liberty forthwith. Crl. M.A.No.12922 of 2006 and Revision Petition are allowed. vgs. K. HEMA, JUDGE.