IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.Rev.Pet.No. 1651 of 2006(B) -------------------------------------------- CRL.A.NO.355/2004 OF SESSIONS COURT, PATHANAMTHITTA, CC.NO.90/2001 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA. .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- K.V.MARY, W/O.C.J.EDWARD, RESIDING AT CHERUKADU HOUSE, EDATHUA MURI, EDATHUA VILLAGE, KUTTANADU TALUK. BY ADV. MR.R.SANTHOSH BABU. RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE: ---------------------------------------------------------------------------------------- 1. C.G.REMANAN, S/O.C.K.GOVINDAN, RESIDING AT ACHILACHIRAYIL, ANAPPARAMNIL NORTH.P.O., THALAVADI VILLAGE, KUTTANAD TALUK. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.P.HARIDAS, R2 BY PUBLIC PROSECUTOR MR. JAYAKRISHNAN, THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S. GOPINATHAN, J. ----------------------------- CRL. R.P. NO. 1651 OF 2006 --------------------------------------- DATED THIS THE 19th DAY OF OCTOBER 2009 O R D E R The revision petitioner who is the accused in C.C. No. 90 of 2001 on the file of the Judicial Magistrate of First Class, Thiruvalla was prosecuted by the 1st respondent alleging offence u/s. 138 of the Nogotiable Instruments Act. The trial court found the revision petitioner guilty. Accordingly, he was convicted and sentenced to undergo simple imprisonment for a period of four months with a direction to pay Rs. 2,60,000/- as compensation to the 1st respondent, in default of payment of compensation, the revision petitioner was directed to undergo simple imprisonment for a further period of one month, against of which, an appeal was filed by the revision petitioner. In appeal, the conviction was confirmed by the appellate court, but the sentence was modified by altering the same to simple imprisonment for a period of three months and no alteration was made in the other part of sentence awarded by the trial court. 2. Assailing the legality, correctness and propriety of the above conviction and sentence, this revision petition was filed. 3. Revision petitioner and the 1st respondent now filed a joint application as Crl. M.A No. 10110 of 2009 seeking permission to compound the offence. Having heard either side, I find no reason to reject the petition. Hence, the petition is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure. Crl.R.P. is disposed of as above. P.S. GOPINATHAN JUDGE pkk