IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Crl.Rev.Pet.No. 3344 of 2009() ------------------------------ CRA.117/2006 of SESSIONS COURT, PATHANAMTHITTA CC.202/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PATHANAMTHITTA .................... REVN. PETITIONER(S): REVN.PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------------------------------------------------- SAJEER S.,S/O.SALIM, KARIMPLACKAL,MANGARAM,KONNI. BY ADV. SRI. K.SHAJ SRI.V.MANJU RESPONDENT(S): COMPLAINANT/STATE: ----------------------------------------------------------- 1. THOMAS VARGHESE, S/O.T.N.VARGHESE KAMUPALLIL, VAKAYAR,MANGARAM,KONNI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. = = = = = = = = = = = = = Crl.R.P.No.3344 of 20009. = = = = = = = = = = = = = Dated this the 2nd day of November, 2009. O R D E R The revision petitioner is the accused in CC.No.202/2005 on the file of the Judicial Magistrate of the First Class-II, Pathanamthitta. 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 six months and directed to pay Rs.2,60,000/- as compensation to the first respondent under Sec.357(3) of the Crl. Procedure Code. In appeal, the Sessions Judge, Pathanamthitta confirmed the conviction. Sentence was reduced to imprisonment till rising of the court and Rs.2,50,000/- with default clause. Assailing the legality, correctness and propriety of the Crl.R.P.No.3344 of 20009. -: 2 :- above conviction and sentence as modified 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.10481/2009 seeking order to compound the offence. Having heard either side, I find no reason to reject the petition. Hence Crl.M.A.No.10481/2009 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 as above. P.S.GOPINATHAN, JUDGE. Kvs/-