IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.Rev.Pet.No. 3711 of 2008() ------------------------------------- CRA.390/2004 of ADDL. SESSIONS COURT (ADHOC), KOLLAM CC.834/2002 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER/ REVISION PETITIONER(S): ------------------------------------------------- JAYACHANDRAN, S/O SUKUMARAN, KARICHALIL VADAKKATHIL VEEDU, PALLICKAL.P.O., MYLOM VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS/RESPONDENTS: ------------------------------------- 1. MADHUSOODANAN PILLAI, VAROORPUTHEN VEEDU, KOTTATHALA.P.O., MYLOM VILLAGE, KOTTARAKKARA. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR C.M.KAMAPPU ADV. SRI.P.V.DILEEP FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17.11.2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 3711 OF 2008 =========================== Dated this the 17th day of November,2008 ORDER The revision petitioner is the accused and the First respondent the complainant in C.C.834 of 2002 on the file of Judicial First Class Magistrate - 1 of Kottarakara. Revision Petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act. Conviction was confirmed in Criminal Appeal No. 390 of 2004 by Sessions Judge, Kollam in Criminal Appeal 390 of 2004. Revision is filed challenging the conviction and sentence. 2. The First respondent filed Crl.M.A. No. 11424 of 2008, an application under Section 147 of Negotiable Instruments Act seeking permission to compound offence stating that they have settled the dispute and First respondent has received the amount due under the undishonored cheque. As the petition is filed by the complainant Crl.M.A. 11424 of 2008 is allowed. Permission CRRP No. 3711 of 2008 2 is granted to compound the offence. The offence is compounded. If the Revision Petitioner/Accused is undergoing the sentence in this case and is not wanted in any other case, he be released forthwith. M.SASIDHARAN NAMBIAR JUDGE rhs/-