IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3042 of 2007() ------------------------------ CRA.113/2007 of SESSIONS COURT, ALAPPUZHA CC.1238/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED ---------------------------------- E. YAHIA AGED 55 YEARS, S/O. ISMAIL,SOUDATH MANZIL, POONTHOPPU WARD,ALAPPUZHA. BY ADV. SRI.E.RAFEEK SRI.M.P.MADHAVANKUTTY SRI.GOKUL DAS V.V.H. RESPONDENT(S): COMPLAINANT -------------------------- 1. K.J.BABYCHAN @ FRANCIS, KUTHOOR VEEDU, AVALOOKKUNNU, ALAPPUZHA DISTRICT. 2. THE STATE OF KERALA REP. BY CHIEF SECRETARY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SMT.HUMERA MOHAMED ALI FOR R1 PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO.3042 OF 2007 =========================== Dated this the 4th day of December,2008 ORDER Revision petitioner is the accused and first respondent the complainant in C.C.1238/2005 on the file of Judicial First Class Magistrate-I, Alappuzha. He was convicted for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Sessions Judge, Alappuzha in Crl.A.113/2007. Revision is filed challenging the conviction and sentence. 2. Crl.M.A.11959/2008 is jointly filed by first respondent along with revision petitioner under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that the dispute was settled amicably and revision petitioner had deposited Rs.20,000/- before Judicial First Class Magistrate-I,Alappuzha and first respondent has no objection to withdraw the same by the revision petitioner. Crl.M.A.11959/2008 CRRP 3042/2007 2 is allowed. Permission is granted to compound the offence. Offence is compounded. If revision petitioner had deposited any amount before Judicial First Class Magistrate, Alappuzha, he is entitled to withdraw the same. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006