IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Crl.Rev.Pet.No. 1482 of 2008() ------------------------------------------ CRA.224/2004 of ADDL.SESSIONS COURT (FAST TRACK -IV) TRIVANDRUM CC.600/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEDUMANGAD .................... REVN. PETITIONER: REVISION PETITIONER: ----------------------------- WILSON, VARUVILAKATHU VEEDU, MARUTHOOR, VATTAPPARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT,STATE & LEGAL HEIRS OF COMPLAINANT: ------------------------ 1. S.M. NETTO (NO MORE), KULAKKOTTUKONAM VEEDU, VATTAPPARA FROM NETTO COTTAGE, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. ADDL.3. NEENA NETTO, W/O. S.M.NETTO, KULAKKOTTUKONAM VEEDU, VATTAPPARA, VATTAPPARA P.O., THIRUVANANTHAPURAM. 4. ADDL.4. JUBIL NETTO, S/O. S.M.NETTO -DO- -DO-. 5. ADDL.5. JEENA NETTO, D/O. NEENA NETTO, -DO -DO-. (MINOR 4TH AND 5TH RESPONDENTS ARE REPRESENTED BY THEIR NATURAL GUARDIAN THE ADDL.3RD RESPONDENT). BY ADV. SRI.R.GOPAN FOR R3 TO 5 BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSHKUMAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. --------------------------------------------- Crl. R.P. No. 1482 of 2008 ---------------------------------------------- Dated this the 16th day of May, 2008 ORDER This revision petition is filed challenging the concurrent finding of the trial court as well as the lower appellate court by which the petitioner accused is found guilty under Section 138 of the Negotiable Instruments Act. The trial court as per its judgment convicted the petitioner under Section 138 and sentenced to undergo simple imprisonment for six months and to pay a compensation of Rs.75,000/- and in default of the payment of compensation to under go simple imprisonment for another three months. 2. In appeal, the lower appellate court though dismissed the appeal, modified the sentence by reducing the substantial sentence to till the rising of the court and to pay a compensation of Rs.75,000/- in default to undergo the simple imprisonment for three months. During the pendency of this revision petition the legal representative of the complainant are impleaded as additional respondents 3 to 5. Thereafter, Crl.M.A. No.4271 of 2008 is filed which is under Section 147 of the Negotiable CRRP No. 1482 OF 2008 2 Instruments Act read with Section 320 of the Cr.P.C, compounding the offences alleged against the revision petitioner. The compounding petition is signed by both the petitioner and by the 3rd respondent, for and on behalf of respondents 4 and 5. It is also counter signed by the counsel for the petitioner as well as the counsel for respondents 3 to 5. In the light of the composition of the offences, leave is granted to compound the offences under Section 147 of the Negotiable Instruments Act and also Section 320 of the Cr.P.C. 3. In the light of the composition of the offences, no further proceedings are necessary in the revision petition and accordingly the revision petition is allowed setting aside the order of conviction and sentence of both the trial court as well as the lower appellate court. The Revision Petition is allowed accordingly. V.K.MOHANAN, (JUDGE) ttb CRRP No. 1482 OF 2008 3