K.G. Suresh Babu vs K.K. Raveendran on 28 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 4562 of 2006()


1. K.G. SURESH BABU,
                      ...  Petitioner

                        Vs



1. K.K. RAVEENDRAN, AGED 45 YEARS,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.P.GEORGE VARGHESE

                For Respondent  :SRI.M.R.NANDAKUMAR

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :28/05/2009

 O R D E R
                             THOMAS P. JOSEPH, J.
                            --------------------------------------
                              Crl.R.P.No.4562 of 2006
                            --------------------------------------
                      Dated this the 28th day of May, 2009.

                                         ORDER

This revision is in challenge of the judgment of learned VI Additional

Sessions Judge, Ernakulam confirming conviction of the petitioner for offence

punishable under Section 138 of the Negotiable Instruments Act (for short, “the

Act”) but modifying the substantive sentence and the amount of compensation

directed to be deposited by the petitioner.

2. Petitioner and respondent No.1 filed Crl.M.A.No.3081 of 2009

reporting settlement and seeking permission to compound the offence.

3. It is seen from Crl.M.A. No.3081 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.3081 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.

Crl.R.P.No.4562/2006

2

Revision Petition is disposed of as above.

Crl.M.A.No.13272 of 2006 will stand dismissed.

THOMAS P.JOSEPH,
Judge.

cks