Sarala Devi vs Majeed on 8 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1776 of 2009()


1. SARALA DEVI, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. MAJEED, S/O.MOIDU, KARIMPANAKKAL VEEDU,
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.N.J.ANTONY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :08/06/2009

 O R D E R
                             THOMAS P. JOSEPH, J.

                            --------------------------------------
                              Crl.R.P.No.1776 of 2009
                            --------------------------------------
                       Dated this the 8th day of June, 2009.

                                         ORDER

This revision is in challenge of judgment of learned Sessions Judge,

Wayanad, Kalpetta in Crl.Appeal No.23 of 2007 confirming conviction and

sentence of petitioner for offence punishable under Section 138 of the

Negotiable Instruments Act (for short, “the Act”).

2. Petitioner and respondent No.1 filed Crl.M.A.No.5428 of 2009

reporting settlement and seeking permission to compound the offence.

3. It is seen from Crl.M.A. No.5428 of 2009 that parties have settled

the dispute out of court. There is no reason to think that the composition is not

voluntary. Offence under Section 138 of the Act is made compoundable under

Section 147 of the Act. Hence permission is granted and Crl.M.A.No.5428 of

2009 is allowed. The composition entered between the petitioner and

respondent No.1 is accepted and that shall have the effect of acquittal of the

petitioner under Section 320(8) of the Code of Criminal Procedure.

Revision Petition is disposed of as above.

THOMAS P.JOSEPH,
Judge.

cks