IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.Rev.Pet.No. 3349 of 2008() ------------------------------ CRA.471/2007 of ADDL. SESSIONS COURT FAST TRACK COURT NO-II, PALAKKAD CC.113/1999 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... REVN. PETITIONER(S): APPELLANT/ACCUSED:- -------------------------------------------------- P.T. KRISHNANKUTTY, MALAVIKA, MANKURUSSI, MANKARA, PALGHAT. BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA) SRI.A.R.GANGADAS SRI.A.S.BRIJESH RESPONDENT(S): RESPONDENT/COMPLAINANT ---------------------------------------------------- 1. K.A. RANJITH, S/O. LATE ARAVINDAKSHAN, PALLIKANDATHIL VEEDU, KADUTHURUTHY, PALGHAT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU FOR R2 BY SMT.S.CHITHRA FOR R1 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3349 OF 2008 =========================== Dated this the 19th day of November,2008 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.113/1999 on the file of Chief Judicial Magistrate, Palakkad. Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act and under section 420 of IPC. Conviction was confirmed by the Additional Sessions Court, Palakkad in Crl.A.471/2004. Revision is filed challenging the conviction and sentence. 2. First respondent along with the revision petitioner filed Crl.M.Appl.11521/2008 for permission to compound the offence stating that they have amicably settled the dispute out of court. An offence under section 138 of N.I. Act is compoundable under section 147 of Negotiable Instruments Act. An offence under section 420 of IPC is punishable with the leave of the court CRRP 3349/2008 2 under sub section (2) of Section 320 of Code of Criminal Procedure. An offence under section 420 is compoundable by the person who was cheated. As first respondent the person who was cheated, sought permission to compound the offence, permission is granted to compound the offence. Offences are compounded. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006 M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. OF 2008 =========================== Dated this the day of November,2008 ORDER M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006