IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.Rev.Pet.No. 3774 of 2008() ------------------------------ CRA.19/2007 of III ADDL.SESSIONS COURT, ERNAKULAM CC.240/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... REVN. PETITIONER/APPELLANT/ACCUSED: --------------------- SAJI, PROPRIETOR, M/S. MALANKARA DRUG HOUSE PHARMACEUTICAL DISTRIBUTORS, VENUS JUNCTION, KOTTARAKKARA. BY ADV. MR.V.M.KURIAN MR.MATHEW B. KURIAN MR.K.T.THOMAS RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: --------------- 1. JOY.V.G., PROPRIETOR, MEDIBEST PHARMACEUTICALS, ANGAMALY P.O. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADV. MS.BOBBY RAPHEAL.C FOR R1 PUBLIC PROSECUTOR MR. MUHAMMED PUZHAKKARA FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.No. 3774 OF 2008 -------------------------------------------------- Dated this the 5th day of February, 2009 O R D E R Revision petitioner is the accused and first respondent the complainant in C.C.240 of 2003 on the file of Judicial First Class Magistrate-II, Aluva. Revision petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed and sentenced was modified by Additional Sessions Judge, Ernakulam in Crl. Appeal 19 of 2007. Revision is filed challenging the conviction and sentence. 2. Crl.M.A.1207 of 2009 is jointly filed by first respondent and revision petitioner under section 147 of Negotiable Instruments Act seeking permission to compound the offence stating that they have settled the dispute amicably out of Court. It is also stated that revision petitioner deposited Rs.13,000/- before the trial Court and revision petitioner may be permitted to withdraw the same. Crl.M.A.1207 of 2009 is allowed. Permission is granted CRRP 3774/2008 2 to compound the offence. Offence is compounded. If revision petitioner has deposited any amount before Judicial First Class Magistrate-II, Aluva, he is permitted to withdraw the same. M. SASIDHARAN NAMBIAR, JUDGE okb