IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3373 of 2009()
1. ALI,M.M,AGED 35, MAROTTICKKAL HOUSE,
... Petitioner
Vs
1. T.A.PRASAD, AGED 38, S/O.ALIAS,
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.RAJESH VIJAYAN
For Respondent :SRI.M.GOPAKUMAR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :04/11/2009
O R D E R
P.S. GOPINATHAN, J.
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Crl.R.P.No. 3373 of 2009
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Dated this the 4th day of November, 2009
O R D E R
1. The revision petitioner was found guilty for an
offence under Section 138 of the Negotiable Instruments
Act by the Judicial First Class Magistrate, Perumbavoor in
S.T.No. 927/2004. He was convicted and sentenced to
undergo simple imprisonment for three months with
direction to pay Rs.31,000/- as compensation to the 1st
respondent under Section 357 (3) Cr.P.C. Though he
preferred Criminal Appeal No.691/2006, he was not
successful.
2. Assailing the legality, correctness and propriety of
the above conviction and sentence as confirmed in appeal,
this revision petition was filed.
3. Revision petitioner along with the 1st respondent
settled the matter out of court and jointly filed a petition as
Crl.M.Appl.No.10570/2009 seeking permission for
compounding the offence. Having heard either side, I find
Crl.R.P.No. 3373 of 2009
2
no reason to reject the petition. In the above
circumstances, the petition Crl.M.Appl. No.10570/2009 is
recorded and the revision petitioner is acquitted under
Section 147 of the Negotiable Instruments Act r/w Section
320 (8) of the Code of Criminal Procedure and is set at
liberty.
P.S. GOPINATHAN,
JUDGE
shg/