IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Crl.Rev.Pet.No. 31 of 2001() ---------------------------- CRA.69/1999 of ADDL.SESSIONS COURT, NORTH PARAVUR CC.2/1997 of JUDL.MAGISTRATE OF FIRST CLASS, N.PARAVUR .................... REVN. PETITIONER(S): APPELLANT/ACCUSED:- --------------------- SALIMKUMAR, CHANAPARAMBIL HOUSE, NANTHIATTUKUNNAM, PARAVUR. BY ADV. SRI.MAT.PAI RESPONDENT(S): RESPONDENT/COMPLAINANT:- --------------- 1. M.V.SHADAN, S/O. VELU, MANAPPURATHU VEEDU, VALIYAPALLAMTHURUTH, PARAVOOTHARA, CHENDAMANGALAM, PARAVUR. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.3.JALAJA, AGED 54 YEARS, W/O.LATE M.V.SHADAN, MANAPPURATH VEEDU, VALIYAPALLAMTHURUTH, PARAVOOTHARA, CHENDAMANGALAM, PARAVUR. 4. M.S.SHINE, AGED 31 YEARS, S/O.LATE MV.SHADAN, MANAPPURATH VEEDU, VALIYAPALLAMTHURUTH, PARAVOOTHARA, CHENDAMANGALAM, PARAVUR. 5. M.S.SHINY MOL, AGED 28 YEARS, D/O.LATE M.V.SHADAN, MANAPPURATH VEEDU, VALIYAMPALLAMTHURUTH, PARAVOOTHARA, CHENDAMANGALAM, PARAVUR. ARE IMPLEADED AS ADDL. RESPONDENTS 3 TO 5 AS THE LEGAL HEIRS OF THE DECEASED R1 AS PER ORDER DATED 27-10-2009 IN CRL.M.A.10217/09 ADV. SRI.A.K.SRINIVASAN FOR R1 SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY FOR 1 PUBLIC PROSECUTOR SMT. REKHA C. NAIR FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl..M.P. No. 115/2001 in Crl.R.P. No. 31/2001 Dismissed 19-11-2009 Sd/-P.Q. Barkath Ali, Judge. /true copy/ P.S. to Judge. P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 31 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 19th day of November, 2009 O R D E R Revision petitioner is the accused in C.C.No.2 of 997 of the Judicial Magistrate of the First Class, N.Paravur and the appellant in Crl.A.No.69 of 1999 on the file of the Addl. Sessions Court, North Paravur. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year, which was confirmed in appeal. Now the accused has come up in revision challenging his conviction and sentence. 2. During the pendency of the revision petition, first respondent died and his legal heirs are impleaded. When the revision petition came up today, the revision petitioner/accused and the legal heirs of the 1st respondent filed a joint petition Crl.M.A.No.11434 of 2009 seeking permission to compound the offence. The said application is allowed and the offence is compounded. 3. In the result, as the offence is compounded, the revision petition is Crl.R.P. 31/01 2 allowed. The conviction and sentence of the revision petitioner by the trial, court which were confirmed in appeal by the lower appellate court are set aside and the revision petitioner/accused is acquitted under section 320 Cr.P.C.. His bail bonds are cancelled. Fine, if any, is deposited by the revision petitioner before the trial court, it shall be refunded to him. P.Q. BARKATH ALI, JUDGE mn Crl.R.P. 31/01 3 P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Crl.R.P. No. 31 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- O R D E R 19th day of November, 2009