IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 3668 of 2009() ------------------------------ CRA.1168/2006 of ADDL. SESSIONS COURT (ADHOC)-II, TRIVANDRUM ST.140/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-VII, THIRUVANANTHAPURAM .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------------- DR.P.STANLEY JONES, PROPRIETOR, STANLEY HOSPITAL, UDIYANKULANGARA, AMARAVILA P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS/STATE & RESPONDENTS & COMPLAINANT: ----------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUNIL KUMAR, PROPRIETOR, M/S.WELL WINS SYSTEM, M.G.ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.JAYAKRISHNAN ADV. SRI.SAIJO HASSAN FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON 26/11/2009 PASSED THE FOLLOWING: P.S.GOPINATHAN J. ----------------------------- CRL.R.P. No. 3668 of 2009 ------------------------------ Dated this the 26th day of November, 2009. O R D E R The Judicial Magistrate of the First Class VII, Thiruvananthapuram in S.T.No.140 of 2005 on his file convicted the revision petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for six months and to pay Rs.43,000/- as compensation to the second respondent who is the complainant before the trial court. In Crl.A.No.1168 of 2006, the substantive sentence was reduced to imprisonment till rising of the court. Order to pay compensation was enhanced to Rs.45,000/- from Rs.43,000/-. Assailing the legality, correctness and propriety of the above conviction and sentence as modified in appeal, this revision petition was filed. 2. The revision petitioner along with the second respondent settled the matter out of Court and filed Crl.M.A.No.11606 of 2009 seeking an order to compound the offence. 3. Having heard either side, I find no reason to reject the petition Hence, the petition Crl.M.A.No.11606 of 2009 is recorded and the revision petitioner would stand acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of the Code of Criminal Procedure and set at liberty. The revision petition is disposed as above. P.S.GOPINATHAN ab JUDGE