K G SANTHOSH Vs. GEEVARGHESE BABU

JUDGEMENT

(1.) REVISION Petitioner is the accused in C.C No. 880 of 2003 on the file of the Judicial First Class Magistrate Court-I, Kottarakara. First respondent is the complainant therein. REVISION petitioner was convicted and sentenced by the Magistrate's Court to undergo simple imprisonment for a period of one month under section 138 of the Negotiable Instruments Act and to pay a sum of Rs.30,000/- as compensation under section 357(3) Cr.P.C. In appeal filed by him, the conviction and sentence were confirmed by the Sessions Court, Kollam. 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.383/2007 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 is also paid by the petitioner to the satisfaction of the first 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, the 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.383/2006 and Revision Petition are allowed.