IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 4098 OF 2008() ------------------------------ CRA.492/2007 of ADDL.SESSIONS COURT-III, KOZHIKODE ST.698/2006 of SPECIAL JUDL. FIRST CLASS MAGISTRATE COURT (MARAD CASES), KOZHIKODE. .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- K. RAJAN, AGED 37 YEARS, S/O. GOPALAN, KAKKUZHIYIL HOUSE, THAMARASSERY P.O., KOZHIKODE. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S)/RESPONDENT/COMPLAINANT & STATE: ------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. PARASMOL LUNAWAT, S/O. PADMACHAND JAIN,PROPRIETOR, DOLPHIN FINANCIAL SERAVICES, EKP COMPLEX, OPPOSITE PAICO, KALLAI ROAD, CALICUT, REP:BY POWER OF ATTORNEY HOLDER K. GIRISHAN, S/O. BHASKARAN, 'GREEN' NEAR WATER TANK, PUTHIYARA, KOZHIKODE. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU FOR R1 ADV. SMT.M.JAYASREE FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 4098 OF 2008 ------------------------------------------ Dated this the 17th day of December, 2008 O R D E R Revision petitioner is the accused and second respondent the complainant in S.T. 698 of 2006 on the file of Special Judicial First Class Magistrate (Marad Cases), Kozhikode. Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Sessions Court, Kozhikode in Crl. Appeal 492 of 2007. Revision is filed challenging the conviction. 2. First respondent along with revision petitioner jointly filed Crl.M.A.12512 of 2008 under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that they have settled the dispute and revision petitioner/accused may be allowed to withdraw the amount deposited by him in the appeal before Sessions Court. 3. Crl.M.A.12512 of 2008 is allowed. Permission is granted to compound the offence. Offence is compounded. Revision petitioner is permitted to withdraw the amount, if any, deposited before the Magistrate Court or Sessions Court in this case. M. SASIDHARAN NAMBIAR, JUDGE Okb/-