IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Crl.Rev.Pet.No. 2962 of 2009() ------------------------------ Crl.Appeal No..540/2008 of Addl.Sessions Judge (Adhoc-III), N.Paravur. ST.2785/2005 of JUDICIAL MAGISTRATE OF FIRAST CLASS - II, N.PARAVUR .................... REVN. PETITIONER: ACCUSED ---------------------------- MAHENDRA, S/O.SUKUMARAN, VAIKHARI MADATHIL, KIZHAKKEPRAM, KOTTUVALLY VILLAGE. BY ADV. SRI.DINESH MATHEW J.MURIKAN RESPONDENTS: COMPLAINANT -------------------------- 1. GOLDWIN KURIES, CHERAI MURI, PALLIPPURAM VILLAGE, REP.BY RADHAKRISHNAN, MANAGING PARTNER, S/O.KOCHUNNI,KUTTIPPULLISSERY, PALLIPPURAM VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.A.HILAL FOR R1 PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- Crl.R.P.No.2962 of 2009 ---------------------------------------- Dated this the 25th day of September, 2009 ORDER The revision petitioner is the accused in S.T.No.2785 of 2005 on the file of the Judicial Magistrate of the First Class-II, N.Paravur. The first respondent prosecuted him alleging offence under section 138 of the Negotiable Instruments Act. The learned Magistrate after due trial found the revision petitioner guilty. Consequently he was convicted and sentenced to simple imprisonment for one year and a fine of Rupees three lakhs. He preferred Crl.Appeal No.540 of 2008. In appeal, the conviction was confirmed. The sentence was reduced to simple imprisonment for 3 months and fine of Rs.3,00,000/- with a default sentence of simple imprisonment for a further term of 3 months. 2. Assailing the legality, correctness and propriety of the above conviction and sentence as reduced in appeal, this revision petition was filed. 3. The revision petitioner along with first respondent Crl.R.P.No.2962 of 2009 2 now settled the matter out of court and filed Crl.M.Appl.No.8879 of 2009 seeking sanction to compound the offence. Having heard either side and the learned public prosecutor, I find no reason to reject the same. Hence, Crl.M.Appln.No.8879 of 2009 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 and set at liberty. Revision petition is disposed as above. P.S.GOPINATHAN, JUDGE skj