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. 3277 of 2005(D) -------------------------------------------- CRL.A.NO.356/2004 OF ADDL.SESSIONS COURT, PATHANAMTHITTA, CC.NO.91/2001 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA. .................... PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------- C.J.EDWARD, S/O.EDWARD, CHERUKAD HOUSE, EDATHUA MURI, EDATHUA VILLAGE, KUTTANAD TALUK. BY ADV. MR.R.SANTHOSH BABU. RESPONDENTS/RESPONDENT STATE AND COMPLAINANT: -------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.G.REMANAN, S/O.C.K.GOVINDAN, ANCHILCHIRAYIL VEEDU, ANAPRAMBAL NORTH, THALAVADY VILLAGE, KUTTANAD TALUK. R1 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. 3277 OF 2005 --------------------------------------- DATED THIS THE 19th DAY OF OCTOBER 2009 O R D E R The revision petitioner who is the accused in C.C. No. 91 of 2001 on the file of the Judicial Magistrate of First Class was prosecuted by the 1st respondent alleging offence u/s. 138 of the Negotiable 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 direction to pay Rs. 2,60,000/- as compensation to the 1st respondent. In default of payment of compensation the revision petitioner was ordered to undergo simple imprisonment for a further period of one month. Challenging the conviction and sentence, an appeal was filed by the revision petitioner. It was dismissed confirming the conviction and sentence awarded by the trial court. 2. Assailing the legality, correctness and propriety of the above conviction and sentence, as confirmed in appeal this revision CRL. R.P. NO. 3277 OF 2005 2 petition was filed. 3. Revision petitioner and the 1st respondent now settled the matter and filed a joint application as Crl. M.A No. 10118 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