High Court Kerala High Court

Sajikumar vs K.P.Georgekutty on 17 August, 2009

Kerala High Court
Sajikumar vs K.P.Georgekutty on 17 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2650 of 2009()



1. SAJIKUMAR
                      ...  Petitioner

                        Vs

1. K.P.GEORGEKUTTY
                       ...       Respondent

                For Petitioner  :DR.V.N.SANKARJEE

                For Respondent  :SRI.SABU GEORGE

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :17/08/2009

 O R D E R
                         THOMAS P.JOSEPH, J.
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                           CRL. R.P. NO.2650 of 2009
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                  Dated this the 17th day of August,    2009

                                  O R D E R

————–

This revision is in challenge of judgment of learned

Additional Sessions Judge, Alappuzha in Crl. Appeal No.509 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.8114 of

2009 reporting settlement and seeking permission to compound the

offence.

3. It is seen from application No.8114 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.8114 of 2009 is allowed. The

composition entered between petitioner and respondent No.1 is

accepted and that shall have the effect of acquittal of the petitioner

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

It is submitted by counsel for petitioner that petitioner is now

undergoing imprisonment in the Sub Jail, Alappuzha. It is directed

CRL. R.P. No.2450 of 2009

-: 2 :-

that petitioner shall be released from jail forthwith. if not required to

be detained otherwise.

Criminal Revision Petition is disposed of as above.

THOMAS P.JOSEPH, JUDGE.

vsv

THOMAS P.JOSEPH, J.

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CRL. R.P. NO. OF 2000
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O R D E R

JUNE, 2009