IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Crl.Rev.Pet.No. 404 of 2001() ----------------------------- CRA.107/1998 of SESSIONS COURT, ALAPPUZHA CC.114/1995 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... REVN. PETITIONER(S): APPELLANT/ACCUSED --------------------- A.A.RAGHUNATHA PANICKER ANNAPURAKKAL HOUSE C.M.C.16, CHERTHALA BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.V.VARGHESE RESPONDENT(S): COMPLAINANT AND STATE --------------- 1. T.V.POULOSE KOMATHU VELIYIL HOUSE CHERUVARANAM, WARD NO.9 KANJIKUZHY PANCHAYAT ALAPPUZHA DISTRICT 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR ADVOCATE GENERAL'S OFFICE, HIGH COURT BUILDINGS, ERNAKULAM ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE FOR R1 PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.404 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2009 ORDER Revision petitioner is the accused in C.C.No.114/1995 of Judicial First Class Magistrate I, Cherthala and appellant in Crl.Appeal No.107/1998 of Sessions Court, Alappuzha. He was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for one month which was confirmed in appeal. Th accused has now come up in revision challenging his conviction and sentence. 2. The case of the revision first respondent/complainant as testified by him as PW1 before the trial court and as detailed in the complaint was that complainant and the accused are friends and that the accused received Rs. 40,000/- from the complainant assuring an employment to the complainant in the gulf countries and that since the accused failed to get an employment, the complainant demanded back Crl.R.P.No.404/01 Page numbers the amount and towards that amount, the accused issued the cheque Ext.P1 dated December 11, 1993 drawn on the Cherthala branch of Federal Bank which when presented for collection was returned dishounoured for want of sufficiency of funds in the account of the accused in the bank and that in spite of notice Ext.P3 dated December 13, 1993, the accused did not repay the amount which is an offence punishable under Section 138 of Negotiable Instruments Act. 3. On receipt of the complaint, the learned Magistrate recorded the sworn statement of the complainant and took cognizance of the offence. The accused on appearance before the trial court pleaded not guilty to a charge under Section 138 of Negotiable Instruments Act. PW 1 was examined and Exts.P1 to P5 were marked on the side of the complainant. When questioned under Section 313 of Cr.P.C., the accused denied the entire transaction. Ext.D1 was marked on his side. 4. The trial court on an appreciation of evidence found the revision petitioner guilty of the offence punishable under Section 138 of Negotiable Instruments Act, convicted him thereunder and sentenced Crl.R.P.No.404/01 Page numbers him as aforesaid which is confirmed in appeal. The accused has now come up in revision challenging his conviction and sentence. 5. When the revision petition came up for hearing today, revision petitioner and revision first respondent/complainant filed a joint petition seeking permission to compound the offence which was allowed by me. As the offence has been compounded, the revision petition has to be allowed and the accused/revision petitioner has to be acquitted. In the result, the revision petition is allowed. The conviction and sentence of the revision petitioner/accused is set aside and the accused is acquitted of the offence alleged against him under Section 320 Cr.P.C. His bail bonds are cancelled. P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.404/01 Page numbers Crl.R.P.No.404/01 Page numbers P.Q.BARKATH ALI JUDGE sv. Crl.R.P.No.404/01 Page numbers