IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 Crl.Rev.Pet.No. 3211 of 2008() ------------------------------ CRA.302/2004 of ADDL. SESSIONS COURT, THRISSUR CC.60/2001 of JUDL.FIRST CLASS MAGISTRTE COURT-III, THRISSUR .................... PETITIONER/APPELLANT/ACCUSED: -------------------------------------- UNNIKRISHNAN S/O. UNNICHEKKAN, THANDASSERY HOUSE, KESAVAPPADY DESOM, OLLUR. BY ADV. SRI.P.K.SAJEEV RESPONDENTS/RESPONDENTS/COMPLAINANT: -------------------------------------------------- 1. JOY PAUL, S/O. PAULOSE, KOONAMPLACKAL HOUSE, PADAVARAD DESOM, MARATHAKARA VILLAGE, OLLUR. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.M.H.ANIL KUMAR FOR R1 PUBLIC PROSECUTOR SRI. C.M. NAZER FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ C.R.R.P NO. 3211 OF 2008 ------------------------------------------ Dated this the 15th day of September, 2008 O R D E R This revision petition is filed challenging the concurrent conviction and sentence for the offence under Section 138 of Negotiable Instruments Act. First respondent is the complainant. First respondent filed an affidavit in the revision petition stating that he has received the entire amount due under the dishonoured cheque and the matter has been settled with the petitioner/accused and therefore the offence may be permitted to be compounded and accused may be acquitted. A petition is also filed under Section 147 of Negotiable Instruments Act. It is signed by the complainant as well as the counsel appearing for revision petitioner. Learned counsel submitted that the petitioner could not sign the petition as he is undergoing the sentence. In view of the affidavit filed by the complainant as well as the petition jointly filed the offence is permitted to be compounded under Section 147 of Negotiable CRRP 3211/08 2 Instruments Act. Revision petition is disposed accordingly. Accused shall be released forthwith, if he is not wanted in any other case. M. SASIDHARAN NAMBIAR, JUDGE Okb/-