IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3868 of 2009() ---------------------------------------- CRA.834/2007 of ADDL. SESSIONS COURT, N.PARAVUR (ADHOC -III). ST.7410/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ----------------------------------- T.A.NAVAS, S/O. ABU, AGED 42, THOTTATHIL HOUSE, VIDAKUZHA, THAIKATTUKARA P.O., ALUVA. BY ADVS.MR.R.MURALEEKRISHNAN MR.P.M.MUJEEB REHIMAN RESPONDENT(S): COMPLAINANT -------------------------- 1. K.N.VENUGOPALAN, S/O. K.P.NARAYANA PILLAI, AGED 40, KUNNAKKAL HOUSE, EAST KADUNGALLOOR, U.C.COLLEGE, ALUVA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. MR.C.D.JOHNY R2 BY PUBLIC PROSECUTOR MR.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J. = = = = = = = = = = = = = Crl.R.P.No.3868 of 2009. = = = = = = = = = = = = = Dated this the 17th day of December, 2009. O R D E R The revision petitioner is the accused in ST.No.7410/2004 on the file of the Judicial Magistrate of the First Class-II, Aluva. The first respondent prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate, after due trial, arrived a conclusion of guilt. Consequently, the revision petitioner was convicted and sentenced to simple imprisonment for one year and three months and a compensation of Rs.1,30,000/- was ordered to be paid to the first respondent. In Crl.Appeal No.834/2007, the Addl.Sessions Judge, Adhoc-III, N.Paravur confirmed the conviction and modified the sentence. Assailing the legality, correctness and propriety of the above conviction and sentence as modified in appeal, this revision petition Crl.R.P.No.3868 of 2009. -: 2 :- was filed. 2. The revision petitioner and the first respondent now settled the matter out of court and filed Crl.M.A.No.12246/2009 seeking order to compound the offence. Having heard either side, I find no reason to reject the petition. Hence Crl.M.A.No.12246/2009 is recorded and the revision petitioner is acquitted under Sec.147 of the Negotiable Instruments Act read with Sec.320(8) of the Code of Criminal Procedure and set at liberty. Criminal Revision Petition is disposed as above. P.S.GOPINATHAN, JUDGE. Kvs/-