IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Crl.Rev.Pet.No. 3190 of 2009 ---------------------------------------- CRL.A.NO.220/2007 OF ADDL.SESSIONS COURT, KOTTAYAM ST.NO.1494/2005 OF JUDL. MAGISTRATE OF FIRST CLASS-I, KOTTAYAM. .................... REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------------- VINODAN K.KESAVAN,S/O.KESAVAN, AGED 52 YEARS,KUNNAMPALLY HOUSE, NEAR SNDP PARIYARAM,KAITHEPALAM, VAKATHANAM. BY ADVS. MR.C.A.CHACKO, SMT.C.M.CHARISMA, MR.N.A.SHAFEEK, MR.K.S.SALEESH. RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------------------------------- 1. SAJI K.K., KOOROTHUPARAMBIL HOUSE, PUTHUPPALLY P.O.,KOTTAYAM. 2. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. MR.BENNY VARGHESE (THETTAYIL), R2 BY PUBLIC PROSECUTOR MR. JAYAKRISHNAN. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.S. GOPINATHAN, J. ------------------------- CRL. R.P. NO. 3190 OF 2009 --------------------------------- DATED THIS THE 16TH DAY OF OCTOBER 2009 O R D E R The revision petitioner is the accused in S.T. No. 1494 of 2005 on the file of the Judicial Magistrate of the First Class-1, Kottayam. The 1st respondent prosecuted the revision petitioner alleging offence punishable under section 138 of the Negotiable Instruments Act. The learned Magistrate after due trial arrived a conclusion of guilty. Consequently he was convicted and sentenced to simple imprisonment for a period of three months with a direction to pay Rs. 60,000/- as compensation to the 1st respondent, in default of which the revision petitioner was ordered to undergo simple imprisonment for a further period of one month. Though he preferred Crl. Appeal No. 220 of 2007, he was not successful. Assailing the correctness, legality and propriety of the above conviction and sentence as confimed in appeal, this revision is filed. 2. Now the revision petitioner along with the 1st respondent have settled the matter out of court and filed Crl. M.A No. 9902 of 2009 seeking sanction to compound the offence. Having heard either side, I find that it would be appropriate to CRL. R.P. NO. 3190 OF 2009 2 allow the said petition in the interest of justice. Therefore Crl. M.A No. 9902 of 2009 is recorded. The revision petitioner would stand acquitted u/s. 147 of the Negotiable Instruments Act r/w. Section 320 (8) of the Code of Criminal Procedure and the revision petitioner is set at liberty. The Crl. R.P is disposed of as above. P.S.GOPINATHAN JUDGE PKK