IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 3932 of 2006(B)
1. M.A. AHMED SHAFIULLAH, S/O.ABDUL LATIFF,
... Petitioner
Vs
1. M/S. MANUALSONS TRADING COMPANY,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.S.NIRMAL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :13/12/2006
O R D E R
K. HEMA, J.
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Crl.R.P. No.3932 of 2006
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Dated this 13th day of December, 2006.
ORDER
This revision arises from the conviction and sentence passed
against the revision petitioner under section 138 of the Negotiable
Instruments Act, 1881. The trial court found him guilty of the
offence and convicted and sentenced him for the said offence. The
appellate court also confirmed the conviction and sentence.
2. At the time of hearing, learned counsel for both sides
submitted that petition as Crl.M.A.No.12825/2006 is filed for
compounding the offence. 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. It is submitted by both
sides that amount is already paid by the petitioner to the respondent-
complainant and the matter is settled out of court amicably between
the parties. Hence, permission is granted to compound the offence
under section 138 of the Negotiable Instruments Act.
3. It is submitted by both sides that Rs.10,000/- was deposited
by the revision petitioner before the court below and the said amount
can be ordered to be released to the complainant-1strespondent.
Hence, the court below is directed to release Rs.10,000/- in deposit
to the complainant-first respondent.
Crl.R.P.3932/06 2
In the result, the Revision Petitioner is acquitted of offence
under section 138 of the Negotiable Instruments Act, as
compounded. He is set at liberty forthwith.
Crl. M.A.No.12825/2006 and Revision Petition are allowed.
Krs. K. HEMA, JUDGE.