IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Crl.Rev.Pet.No. 2167 of 2003() ------------------------------ CRA.271/2001 of SESSIONS COURT, MANJERI ST.151/1999 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... REVN. PETITIONER(S): APPELLANT/ACCUSED: --------------------------------------- K.K.UMMER, S/O. HAMZAKUTTY, KANAKKAMTHODI KAKKETTIL HOUSE, POST VAZHANKADA, PARAL AMSOM, PERINTHALMANNA TALUK. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENT(S): RESPONDENT/COMPLAINANT AND STATE: ------------------------------------------------ 1. K.MOHAMMED ABDUL SAMAD, S/O. HAJI K.MOHAMMADALI, KIZHAKKETHIL HOUSE, POST PANNIAKURUSSI, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR SMT.MEENA.A. FOR R1 SRI.R.RAJESH KORMATH FOR R1 SMT.SANJANA R.NAIR FOR R1 SRI.JAYKAR.K.S. FOR R1 SRI.V.S.ROBIN FOR R1 PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No. 2167 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May, 2009 O R D E R This Revision Petition is filed by the accused in S.T.No.151 of 1999 on the file of the Chief Judicial Magistrate Court, Manjeri. The offence alleged against the accused is under Section 138 of the N.I. Act. 2. As per the judgment in S.T.151 of 1999, the accused is convicted under Section 138 of the Act and sentenced to undergo S.I. for a period of three months and to pay fine of Rs.10,000/- in default to undergo S.I. for one month. The appeal filed by the accused before the Sessions Court, Manjeri as Crl.A.No. 271 of 2001 was dismissed, confirming the conviction and sentence. Against the said judgment the accused filed this Crl.R.P. 3. During the pendency of this Crl.R.P. the accused and the complainant filed a compromise petition as Crl.M.A. 4748 of 2009 stating that the matter is settled Crl.R.P.No. 2167 of 2009 2 between them. Since the matter is amicably settled between the parties, permission is granted to compound the offence. 4. In the result this Crl.R.P. is allowed. The offence under Section 138 of the N.I. Act is compounded. The conviction and sentence of the accused in S.T.No.151 of 1999 on the file of the Chief Judicial Magistrate Court, Manjeri under Section 138 of the N.I. Act is set aside. The accused is acquitted under Section 320(8) of the Cr.P.C. and he is set at liberty. The accused is allowed to withdraw Rs.70,000/- deposited before the Chief Judicial Magistrate Court, Manjeri as per the order of this Court in Crl.M.A. 8742 of 2003 dated 27.8.2003. (M.L. JOSEPH FRANCIS) Judge tm