Crl.Rev.Pet.No. 746 of 2024 ..1.. 2025:KER:29137 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 CRL.REV.PET NO. 746 OF 2024 AGAINST THE JUDGMENT DATED 30.07.2022 IN Crl.A NO.79 OF 2018 OF III ADDITIONAL SESSIONS COURT, THODUPUZHA ARISING OUT OF THE JUDGMENT DATED 11.11.2016 IN ST NO.180 OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, THODUPUZHA REVISION PETITIONER/APPELLANT/ACCUSED: JIJO K JOHN AGED 44 YEARS, KELAKATH HOUSE, MUTHALAKODAM P.O, THODUPUZHA, IDUKKI DISTRICT., PIN - 685605 BY ADVS. SABU THOZHUPPADAN BIJU THOZHUPPADAN ANTONY VARGHESE ROSE GEORGE DEVI P. PRATHAPAN ASHNA ALOYSIUS P. FATHIMA H P RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE: 1 DAYANA SANTHOSH MEZHUKANAL HOUSE, VANDAMATTOM KARA, KODIKULAM VILLAGE, IDUKKI DISTRICT., PIN - 682031 2 STATE OF KERALA STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, Crl.Rev.Pet.No. 746 of 2024 ..2.. 2025:KER:29137 ERNAKULAM., PIN - 682031 BY ADV SONA BENNY VEZHAMBASSERY THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl.Rev.Pet.No. 746 of 2024 ..3.. 2025:KER:29137 O R D E R This revision petition has been filed challenging the concurrent finding of conviction and sentence in a proceedings under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act'). 2. The respondent No.1 filed a private complaint as S.T.No. 180 of 2014 against the petitioner under Section 142 of the N.I.Act before the Judicial First Class Magistrate Court- II, Thodupuzha (for short, 'the trial court'). After trial, the trial court found the petitioner guilty under Section 138 of the N.I.Act and he was convicted for the said offence. He was sentenced to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.5,00,000/- to the respondent No.1, in default, to suffer simple imprisonment for a period of three months. The petitioner challenged the conviction and sentence of the trial court before the Crl.Rev.Pet.No. 746 of 2024 ..4.. 2025:KER:29137 Additional Sessions Court-III, Thodupuzha (for short, 'the appellate court') in Crl.Appeal No. 79 of 2018. The appellate court confirmed the conviction and reduced the substantive sentence to six months, retaining the compensation amount and default sentence. This revision petition has been filed challenging the judgments of the trial court as well as the appellate court. 3. I have heard Sri.Sabu Thozhuppadan, the learned counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor. 4. Before this Court, the matter has been settled between the petitioner and the respondent No.1. The respondent No.1 filed a compounding petition to compound the offence as Crl.M.A.No.3 of 2024. I am satisfied that the composition is voluntary. Hence, Crl.M.A.No.3 of 2024 stands allowed and the offence stands compounded. The Crl.Rev.Pet.No. 746 of 2024 ..5.. 2025:KER:29137 composition shall have the effect of the acquittal of the accused/petitioner under Section 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since the offence has been compounded, the impugned conviction and sentence are set aside. The revision petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA Crl.Rev.Pet.No. 746 of 2024 ..6.. 2025:KER:29137 APPENDIX OF CRL.REV.PET 746/2024 PETITIONER ANNEXURES ANNEXURE I TRUE COPY OF AGREEMENT EXECUTED ON 12/07/2024 IN BETWEEN THE REVISION PETITIONER AND 1ST RESPONDENT ANNEXURE II TRUE COPY OF JUDGMENT DATED 30/07/2022 IN CRL.APPL. NO 79 OF 2018 ANNEXURE III TRUE COPY OF JUDGMENT DATED 11/11/2016 IN S.T. NO 180 OF 2014.