IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Crl.Rev.Pet.No. 940 of 2004(Y) ------------------------------ CRA.148/2002 of II ADDL.SESSIONS COURT, ERNAKULAM CC.846/1998 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------- P.H.SAJEEV, AGED 33 YEARS,S/o.HALID POTTEKANDATHIL, ANCHELPETTY.P.O., ERANALLOOR. BY MR.A.T.ANILKUMAR, ADVOCATE RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------------------------ 1. M.V.BINOY, MUNDAKKAL VEEDU, MARKET.P.O. MUVATTUPUZHA. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.R.JAYAKRISHNAN FOR R2 MR.O.S.JAFARKHAN, ADVOCATE FOR R1 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN,J. ========================= Crl.R.P.No.940 of 2004 ========================== Dated this the 9th day of December, 2009 ORDER The revision petitioner is the accused in C.C.No.846/1998 on the file of the Judicial Magistrate of the First Class-I, Muvattupuzha. The first respondent prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate, after due trial, arrived a conclusion of guilt. Consequently, the revision petitioner was convicted and sentenced to simple imprisonment for one month and to pay a fine of Rs.5,000/- of which Rs.4000/- was ordered to be paid to the first respondent as compensation u/s.357(1) Cr.P.C. In Crl.Appeal No.148/2002, the the Second Additional Sessions Judge, Ernakulam, confirmed the conviction and the sentence. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was filed. 2. The revision petitioner and the first respondent now settled the matter out of court and filed Crl.M.A.No.11969/2009 seeking order to compound the offence. Having heard either Crl.R.P.No.940/2004 2 side, I find no reason to reject the petition. Hence, Crl.M.A.No.11969/2009 is recorded and the revision petitioner is acquitted under Sec.147 of the Negotiable Instruments Act read with Sec.320(8) of the Code of Criminal Procedure and set at liberty. Criminal Revision Petition is disposed of as above. P.S.GOPINATHAN, JUDGE. dvs