IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD NOVEMBER 2006 / 2ND AGRAHAYANA 1928 Crl.Rev.Pet.No. 4128 of 2006() ------------------------------ CRA.204/2004 of ADDITIONAL DISTRICT & SESSIONS COURT (ADHOC)-II, KOLLAM CC.1015/2000 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... REVN. PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------ MUHAMMED HABEEBULLA S/O.MYTHEENKUNJU MARIYAM MANZIL VALACODU, PUNALUR. BY ADV. SRI.S.RAJEEV RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------------------- 1. SUJITH S/O. MAJEED SHIFAN COTTAGE (NEAR IMPERIAL TYRE WORKS, PUNALUR) REP. BY HIS POWER OF ATTORNEY HOLDER SHRI. MANI DANIEL S/O. DANIEL, ANIYIL BHAVAN KAKKAD, VALACODU VILLAGE. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTORSR HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.K.K.DHEERENDRAKRISHNAN BY GOVT. PLEADER SRI. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J --------------------------------------------- Crl. R.P. No.4128 of 2006 --------------------------------------------- Dated this the 23rd day of November, 2006 ORDER The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for 15 days and was directed to pay compensation of Rupees One Lakh under Section 357(3) of the Code of Criminal Procedure. On appeal by the accused, the appellate court confirmed the conviction and sentence, and dismissed the appeal. The complainant and the accused settled the dispute and Crl.M.A.No.11673 of 2006 was filed by them under Section 147 of the Negotiable Instruments Act. That application is allowed. Accordingly, the Crl.R.P. Is allowed. The conviction and sentence of the petitioner are set aside and petitioner is acquitted under Section 320 of the Code of Criminal Procedure. K.T.SANKARAN JUDGE csl K.T.SANKARAN, J ----------------------------------------------- Crl.M.A.No.10623 of 2006 in Crl. R.P. No. 4128 of 2006 ------------------------------------------------ Dated this the 23rd day of November, 2006 ORDER This is an application for condoning the delay of 227 days in filing the revision. The revision is filed against the conviction and sentence for an offence under Section 138 of Negotiable Instruments Act. The dispute is settled between the parties and an application for compounding is filed as Crl.M.A.No. 11673/2006. In this circumstances the delay is condoned. Number the Crl.R.P. K.T.SANKARAN, JUDGE csl K.T.SANKARAN, J ----------------------------------------------- Crl.M.A.No.11673 of 2006 in Crl. R.P. No. 4128 of 2006 ------------------------------------------------ Dated this the 23rd day of November, 2006 ORDER This is an application under Section 147 of the Negotiable Instruments Act seeking leave to compound the offence under Section 138 of the Negotiable Instruments Act. The application is signed by the petitioner/accused and the first respondent/ complainant and is supported by an affidavit sworn to by the revision petitioner/accused wherein it is stated that the disputes were settled between the parties. The application is allowed. K.T.SANKARAN, JUDGE csl