IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.Rev.Pet.No. 3192 of 2003(A) ------------------------------------------ CRA.811/2001 of ADDL.SESSIONS COURT, N. PARAVUR ST.3450/1999 of JUDL.MAGISTRATE OF FIRST CLASS - I, N. PARAVUR .................... REVN. PETITIONER/APPELLANT/ACCUSED --------------------------------------------------------------- A.J.GEORGE S/O. JOSEPH, ALAPPAT HOUSE, THEVARKKADU KARA, VARAPUZHA VILLAGE. BY ADV. SRI.VIJAYAN MANNALI SRI.G.PADMAKUMAR RESPONDENT/RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------------------------------------------------- 1. A.J.ABRAHAM, KOTTAKKAL HOUSE, KOONAMMAVU VALLUVALLEY, PARUR TALUK 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. ADDL. 3RD RESPONDENT - ACHAMMA P.V., W/O - ABRAHAM, KOTTAKKAL HOUSE, KOONAMMAVU, VALLUVALLY, PARUR TALUK (WIFE AND LEGAL HEIR OF 1ST RESPONDENT) - IS IMPLEADED AS PER ORDER ON CRL.M.A. NO. 844 OF 2009 DATED 23.1.2009 BY PUBLIC PROSECUTOR SRI. C.M. NAZAR ADV. SRI.PHILIP T.VARGHESE FOR R1 SRI.THOMAS T.VARGHESE FOR R1 SRI.PHILIP T.VARGHESE FOR ADDL.R3. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No.3192 OF 2003 -------------------------------------------------- Dated this the 23rd day of January, 2009 O R D E R Revision petitioner is the accused and first respondent the complainant in S.T.3450 of 1999 on the file of Judicial First Class Magistrate, N.Paravur. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Conviction and sentence was confirmed by Additional Sessions Judge, N. Paravur in Crl. Appeal 811 of 2001. Revision is filed challenging the conviction and sentence. 2. On the death of first respondent/complainant, as per order in Crl. M. Appl. 844 of 2009 his legal heir was impleaded as respondent No.3. 3. Crl.M.Appl. 12413 of 2008 is jointly filed by revision petitioner and third respondent, being the legal heir of deceased complainant, under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that they have amicably settled the dispute and third respondent received the entire amount covered by the dishonoured cheque and CRRP 3192/2003 2 revision petitioner had deposited Rs.25,000/- before the trial Court as directed by this Court and revision petitioner may be allowed to withdraw the same. Crl.M.Appl. 12413 of 2008 is allowed. Permission is granted to compound the offence. Offence is compounded. If revision petitioner has deposited any amount before the trial Court in this case as directed by this Court, revision petitioner is at liberty to withdraw the same. M. SASIDHARAN NAMBIAR, JUDGE okb