IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.Rev.Pet.No. 3503 of 2005(C) -------------------------------------------- CRL.A.NO.357/2004 OF ADDL.SESSIONS COURT, PATHANAMTHITTA, CC.NO.110/2000 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA. .................... PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------- C.J.EDWARD, S/.O.EDWARD, CHERUKAD HOUSE, EDATHUA MURI, DO. VILLAGE, KUTTANAND TALUK. BY ADV. MR.R.SANTHOSH BABU. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSEUCOTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.G.REHMAN, S/O.C.K.GOVINDAN, ANCHILCHIRAYIL VEEDU, ANAPARAMBIL NORTH, THALAVADY VILLAGE, KUTTANAND TALUK. R1 BY PUBLIC PROSECUTOR MR. JAYAKRISHNAN, R2 BY ADV. MR.P.HARIDAS. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S. GOPINATHAN, J. ----------------------------- CRL. R.P. NO. 3503 OF 2005 --------------------------------------- DATED THIS THE 19TH DAY OF OCTOBER 2009 O R D E R The revision petitioner, who is the accused in C.C No.110 of 2000 on the file of the Judicial Magistrate of First Class, Thiruvalla was prosecuted by the 2nd respondent alleging offence u/s. 138 of the Negotiable Instruments Act. The trial court found the revision petitioner guilty. Accordingly, he was convicted and sentenced to undergo simple imprisonment for a period of four months with a direction to pay Rs. 2,45,000/- as compensation. In default, revision petitioner was ordered to undergo simple imprisonment for a further period of one month. In Crl.Appeal No. 357 of 2004 filed by the revision petitioner, the conviction was confirmed. The substantive sentence was reduced to one for simple imprisonment till rising of the court. 2. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed. CRL. R.P. NO. 3503 OF 2005 2 3. Revision petitioner and the 2nd respondent now settled the matter and filed a joint application as Crl. M.A No. 10108 of 2009 seeking permission to compound the offence. Having heard either side, I find no reason to reject the petition. Hence, the petition is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure. Crl.R.P. is disposed of as above. P.S. GOPINATHAN JUDGE pkk