IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.Rev.Pet.No. 2653 of 2003(C) -------------------------------------------- CRL.A.NO.752/2001 OF ADDL.SESSIONS COURT, PARAVUR, CC.NO.121/1998 OF JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA. .................... PETITIONER/(APPELLANT – ACCUSED): --------------------------------------------------------- V.M.THOMAS ALIAS RAJU, S/O. MATHAI, VADAKKAN HOUSE, KALADY KARA, KALADY P.O. BY ADV. MR.T.K.VENUGOPALAN. RESPONDENT/(RESPONDENT - COMPLAINANT & STATE): ----------------------------------------------------------------------------------- 1. SHRI A.V.BABY, S/O. VARGHESE, AREEKAPARAMBIL HOUSE, VADAKKUMBHAGOM, MANJAPRA, NADUVATTOM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVS. MR.M.M.MATHEW, MR.ANTO SABASTIAN. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 2653 of 2003 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 4th day of November, 2009 O R D E R Revision petitioner is the accused in C.C. No.121 of 1998 on the file of the Judicial Magistrate of the First Class-I, Aluva and the appellant in Crl.A. No.752 of 2001 on the file of the Addl. Sessions Court, N. Paravur. He was convicted for the offence punishable under sec.138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for 30 days and to pay a sum of Rs.40,000/- as compensation to the complainant by the trial court. On appeal by the accused, the lower appellate court confirmed his conviction and modified the sentence to undergo simple imprisonment for six months and to pay a compensation of Rs.40,000/- to the complainant. The accused has come up in revision challenging his conviction and sentence. 2. Now the revision petitioner/accused and the 1st respondent/complainant filed a joint petition Crl.M.A.No.10769 of Crl.R.P. 2653/03 2 2009 seeking permission to compound the offence. This application is allowed and the offence is compounded. 3. In the result, as the offence is compounded, the revision petition is allowed. The conviction and sentence of the revision petitioner by the trial, court which was confirmed in appeal by the lower appellate court are set aside and the revision petitioner/accused is acquitted under section 320 Cr.P.C.. His bail bonds are cancelled. P.Q. BARKATH ALI, JUDGE mn Crl.R.P. 2653/03 3 P.Q.BARKATH ALI, JUDGE. mn.