IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Crl.Rev.Pet.No. 3919 of 2007() ------------------------------ CR.A.511/2006 of III ADDL.SESSIONS COURT, KOLLAM CC.177/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... REVISION PETITIONER: APPELLANT - ACCUSED ------------------------------------------------------------- M.A.SATHAR, PUTHENKADA VEEDU, ARKANNOOR P.O., ELAMADU VILLAGE. BY ADVS. SRI.KURIAN GEORGE KANNAMTHANAM, SENIOR ADVOCATE SRI.THOMAS GEORGE RESPONDENT(S): STATE - COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.VIJAYAN, PRESANNAVILASAM VEEDU, INDAVILA, KADAKKAL VILLAGE. PUBLIC PROSECUTOR SRI. P.A. SALIM SRI.T.A.SHAJI FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.R.P.No. 3919 OF 2007 --------------------------------- Dated this the 2nd day of March, 2009 O R D E R This Revision is preferred against the judgment of the Sessions Judge, Kollam in Crl.Appeal 511/2006. It is preferred against the conviction and sentence passed in C.C. 177/2004 of the Judicial First Class Magistrate-II, Kottarakkara for the offence punishable under Section 138 of the Negotiable Instruments Act. The revision petitioner was sentenced to undergo Simple Imprisonment for three months and to pay compensation of Rs. 2,54,000/- under Section 357(3) of the Crl.P.C. In appeal the judgment of the trial court was confirmed. It is against that decision the present revision is filed. 2. Now the parties have filed a petition for compounding the offence under Section 147 of the Negotiable Instruments Act. As per the compounding petition, the entire amount has been paid and nothing remains to be paid to the defacto complainant. Compounding is recorded. In the light of the compounding, the conviction and Crl.R.P. 3919/2007 -2- sentence passed by the trial court and confirmed by the appellate court is liable to be set aside and I do so. The compounding of the offence shall have the effect of an acquittal under Section 320(8) of the Crl.P.C. The Crl. R.P. is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm