ABDUAL HAKKIM ALIAS BABU Vs. SHAMSUDEEN

JUDGEMENT

(1.) ADMITTED. Adv. C.B.Sreekumar enters appearance for second respondent. Revision petitioner is the accused in C.C. No. 1205 of 1999 on the file of Judicial First Class Magistrate's Court, Kollam. 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 a fine of Rs. 5,000/- and in default to undergo simple imprisonment for one month and Rs. 4,000/- out of fine to be given to the complainant under Section 357(3) of the Code of Criminal Procedure. In appeal filed by him, the conviction was confirmed but sentence was modified by the Additional 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. 494 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. 494 of 2007 and revision petition are allowed.