High Court Kerala High Court

C.C.John vs State Of Kerala on 29 November, 2006

Kerala High Court
C.C.John vs State Of Kerala on 29 November, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 206 of 1999()



1. C.C.JOHN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.M.J.THOMAS

                For Respondent  :SRI.M.NARENDRA KUMAR

The Hon'ble the Chief Justice MR.V.K.BALI

 Dated :29/11/2006

 O R D E R
                                    V.K.Bali,C.J.

                         ----------------------------------------

                         Crl.R.P.No.206 of  1999-C

                         -----------------------------------------

               Dated, this  the 29th day of  November, 2006


                                       ORDER

V.K. Bali, CJ. (Oral):

The petitioner has been held guilty under Section 138

of the Negotiable Instruments Act, 1881, hereinafter referred to

as ‘Act of 1881’, and sentenced to undergo rigorous imprisonment

for six months vide order dated 22nd March, 1994 passed by the

Judicial First Class Magistrate-I, Kanjirappally. The appeal carried

against the order aforesaid was dismissed by the learned

Additional Sessions Judge, Kottayam vide order dated 25th

January, 1999. It is against these two orders that the present

revision has been filed.

2. During the pendency of this revision, a compounding

petition under Section 147 of the Act of 1881 read with Section

320 of the Code of Criminal Procedure has been filed jointly by

the revision petitioner/accused and 2nd respondent/complainant. It

has inter alia been pleaded in the application aforesaid that the

dispute between the revision petitioner/accused and the 2nd

respondent/complainant has been settled out of Court and the 2nd

respondent has no grievance or complaint against the revision

Crl.R.P.No.206 of 1999 – 2 –

petitioner and the entire money transaction has already been

settled.

In view of the compromise arrived at between the

parties, the impugned orders are set aside and the revision is

allowed. Crl.M.Appln.No.12079 of 2006 shall stand recorded.

V.K.Bali

Chief Justice

vku/-