IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH DECEMBER 2006 / 13TH AGRAHAYANA 1928 Crl.Rev.Pet.No. 504 of 2003(C) CRA.68/2002 of SESSIONS COURT, KOTTAYAM CC.256/2000 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM REVN. PETITIONER: APPELLANT/ACCUSED ----------------------------------- K.J.JOHNSON, KOCHUPARAMBIL, E-10-B, EXCHANGE PALAI, (FROM KOCHUPARAMBIL MELUKAVU, ERATTUPETTA, KOTTAYAM) BY ADV. SRI.P.BABU KUMAR RESPONDENTS: RESPONDENT/COMPLAINANTS ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. RAVIKUMAR P.K., PICHANATTU HOUSE, MOOLAVATTOM P.O KOTTAYAM. R2 BY ADV. SRI.LIJI.J.VADAKEDOM R1 BY PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------------- Crl.R.P.NO. 504 OF 2003 --------------------------------- Dated this the 4th day of December,2006 O R D E R The petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for three months and was directed to pay a fine of Rs.25,000/- and in default, to undergo simple imprisonment for three months. On appeal by the accused, the Appellate Court confirmed the conviction and sentence and dismissed the appeal. 2. Crl.M.A. No.12420 of 2006, signed by the complainant and the accused and their counsel, filed under Section 147 of the Negotiable Instruments Act was allowed. Accordingly, the Criminal Revision Petition is allowed, the conviction and sentence imposed on the CRL.R.P.NO.504 OF 2003 :: 2 :: petitioner are set aside and the petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. (K.T.SANKARAN) Judge ahz/ K.T. SANKARAN, J. --------------------------------- Crl.M.A.NO. 12420 OF 2006 --------------------------------- Dated this the 4th day of December,2006 O R D E R This is an application under Section 147 of the Negotiable Instruments Act, seeking to compound the offence under Section 138 of the Act. The application is signed by the revision petitioner/accused and the second respondent/ complainant. It is stated that the revision petitioner/accused has paid the entire amount due to the second respondent. Hence the application is allowed. (K.T.SANKARAN) Judge ahz/