IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 937 of 1997()
1. K.VELAYUDHAN
... Petitioner
Vs
1. P.POKER
... Respondent
For Petitioner :SMT.LEKHA SURESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble the Chief Justice MR.V.K.BALI
Dated :29/11/2006
O R D E R
V.K.Bali,C.J.
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Crl.R.P.No.937 of 1997 &
Crl.R.C.No.27 of 1997
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Dated, this the 29th day of November, 2006
ORDER
V.K. Bali, CJ. (Oral):
The petitioner has been held guilty under Section 138 of
the Negotiable Instruments Act, 1881, hereinafter referred to as
‘Act of 1881’, and sentenced to undergo simple imprisonment for
three months vide order dated 17th June, 1995 passed by the
Chief Judicial Magistrate, Kozhikode. The appeal carried against
the order aforesaid was dismissed by the learned Additional
Sessions Judge, Kozhikode vide order dated 29th August, 1997.
It is against these two orders that the revision petition has been
filed. Crl.R.C.No.27 of 1997 has been suo motu registered by
this Court and notice was issued to the accused to show cause
why the sentence should not be enhanced.
2. During the pendency of these matters, a compounding
petition has been jointly filed by the parties in Crl.R.P.No.937 of
1997 under Section 320 of the Code of Criminal Procedure read
with Section 147 of the Act of 1881. It has, inter alia, been
pleaded in the application aforesaid that the dispute between the
Crl.R.P.No.937 of 1997
2
revision petitioner/accused and the first respondent/complainant
has been settled out of court and the first respondent has no
grievance or complaint against the revision petitioner and that
the entire money transaction has already been settled.
3. In view of the compromise arrived at between the
parties, the impugned orders are set aside and the criminal
revision petition is allowed. Crl.R.C. No.27 of 1997 would stand
closed. Crl.M.Appln.No.11883 of 2006 shall stand recorded.
V.K.Bali
Chief Justice
vku/-