IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Crl.Rev.Pet.No. 3509 of 2009() ------------------------------ CRA.45/2006 of I ADDL. SESSIONS COURT, KOLLAM CC.284/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... REVN. PETITIONER: APPELLANT/ACCUSED: --------------------------------------- N.GOPALAKRISHNAN, YENSI MANDIRAM S.N.COLLEGE JUNCTION, MUNDAKKAL, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.SIVADASAN, SATHEESH BHAVAN, UMAYANALLOOR, KOLLAM. DIED ADDITIONAL R3 IMPLEADED ADDL.R3: SARASWATHY, W/O.LATE SIVADASAN, SATHEESH BHAVAN, UMAYANALLOOR, KOLLAM. THE LEGAL HEIR OF THE DECEASED 2ND RESPONDENT IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 22/10/2009 IN CRL.M.A.10062 OF 2009. PUBLIC PROSECUTOR SRI.RITHWIK SRI.A.V.MIDHUN FOR R3 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.3509 of 2009 ---------------------------------------- Dated this the 17th day of November, 2009 ORDER The revision petitioner was convicted by the Judicial Magistrate of the First Class-II, Kollam for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for seven months and a fine of Rs.5,000/- with a default sentence. In Criminal Appeal No.45 of 2006, the sentence was reduced to a compensation of Rs.77,550/-. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as modified in appeal, this revision petition was filed. 3. The second respondent who is the complainant before the trial court reported dead. His wife got impleaded as third respondent. The revision petitioner along with the additional third respondent now settled the matter out of court and filed Criminal M.Appl.No.10755 of 2009, seeking an order to record compounding. Having heard either side I find no reason to reject the petition. Hence, the petition Crl.M.Appl.No.10755 of 2009 is recorded and the revision petitioner is acquitted under Crl.R.P.No.3509 of 2009 2 Section 147 of the Negotiable Instruments Act and read with Section 320 (8) of the Code of Criminal Procedure and is set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj.