IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 4583 of 2006()
1. K.BABU
... Petitioner
Vs
1. JOSEPH THOMAS
... Respondent
For Petitioner :SRI.K.JAYAKUMAR
For Respondent :SRI.BIMAL K.NATH
The Hon'ble MRS. Justice K.HEMA
Dated :21/12/2006
O R D E R
K. HEMA, J.
-----------------------------------
Crl. R.P. No. 4583 of 2006
-----------------------------------
Dated this the 21st day of December 2006
O R D E R
Admitted. Adv. Bimal K. Nath takes notice for first respondent.
Revision petitioner is the accused in C.C. No. 90 of 1993 on the file of
Judicial First Class Magistrate-I, Punalur. First respondent is the complainant
therein. Revision petitioner was convicted under Section 138 of the Negotiable
Instruments Act and sentenced by the Magistrate’s Court to undergo simple
imprisonment for three months and to pay a compensation of Rs. 57,000/- to
PW1 (the son of the complainant) under Section 357(3) of the Code of Criminal
Procedure. In appeal filed by him, the conviction and sentence were confirmed
by the Additional District and Sessions Court, Kollam. This revision arises from
the said conviction and sentence.
2. At the time of hearing, both sides submitted that a petition as
Crl. M. A. No. 13314 of 2006 is filed for compounding the offence. It is also
submitted by both sides that the matter is settled out of court amicably between
the parties and the amount involved is also paid by the petitioner to the first
respondent.
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. 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.13314 of 2006 and revision petition are allowed.
K. HEMA, JUDGE.
smp