DAVOOD Vs. STATE OF KERALA

JUDGEMENT

(1.) ADMITTED. Adv. Sunitha Beegam enters appearance for second respondent. Revision petitioner is the accused in C.C. No. 837 of 2003 on the file of Judicial First Class Magistrate's Court, Kottarakkara. Second respondent is the complainant therein. Revision petitioner was convicted and sentenced by the Magistrate's Court to undergo simple imprisonment for three months under Section 138 of the Negotiable Instruments Act and to pay compensation of Rs. 90,000/- to complainant under Section 357(3) of the Code of Criminal Procedure and in default to undergo simple imprisonment for a further period of one month. In appeal filed by him, the conviction and sentence were confirmed by the Additional District & Sessions Court. This revision arises from the said conviction and sentence.

(2.) AT the time of hearing, both sides submitted that a petition as Crl. M.A. No. 492 of 2007 is filed for compounding the offence. It is also submitted by both sides that the matter is settled out of court amicably between the parties and the amount involved is also paid by the petitioner to the second respondent. On hearing both sides and on going through the averments in the petition, I am satisfied that this is a fit case to grant permission to compound the offence. In the result, revision petitioner is acquitted of offence under Section 138 of the Negotiable Instruments Act, as offence is compounded. He is set at liberty forthwith. Crl. M.A. No. 492 of 2007 and revision petition are allowed.