The above revision has been filed by the accused in CC.766/2004 of Judicial First Class magistrate Court-III, Kottayam. He was convicted by the Judicial First Class magistrate Court-III, Kottayam under section 138 of the Negotiable Instruments Act (hereinafter called the Act) and sentenced by the court below to undergo simple imprisonment for four months and also to pay compensation of Rs.2,00,000/- to the complainant in default to undergo simple imprisonment for two months under section 357 (3) of the Code of Criminal Procedure (herein after called the Code). 2. The revision petitioner filed Crl. Appeal No.554/2007 before the Sessions Court, Kottayam and the same was made over to Additional Sessions Court, Kottayam for disposal. The learned Additional Sessions Judge by the impugned order allowed the appeal in part confirming the order of conviction and compensation to default sentence but reduced the substantive sentence imprisonment to till rising of court from four months imprisonment imposed by the court below. Aggrieved by the same, the present revision petition has been filed by the revision petitioner.
3. After the disposal of the Crl.Appeal, the matter has Crl.R.P.No.1777 OF 2014 2 been settled between the parties and they filed Crl.M.A.6412/2014 to record compounding under section 147 of the Act and read with Section 320(8) of the Code and that petition was allowed by this court and permission was granted to compound the case. In view of the recording of the compounding, the revision petition has to be allowed by setting aside the order of court below as compounding will amount to deemed acquittal. So the revision petition is allowed and order of conviction and sentence passed by the Judicial First Class magistrate Court-III, Kottayam as confirmed and modified by the Additional Sessions Judge, Kottayam against the petitioner are set aside and the revision petitioner is acquitted under section 320 (8) of the Code. If she is in jail she is directed to be released. The bail bond is executed by her will stand cancelled and she is at liberty.
With the above direction and observation the revision petition is allowed. Communicate this order to the Court below at the earliest.
Sd/-
K.RAMAKRISHNAN, JUDGE R.AV