High Court Kerala High Court

K.G.Santhosh vs Geevarghese Babu on 10 January, 2007

Kerala High Court
K.G.Santhosh vs Geevarghese Babu on 10 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3152 of 2006()


1. K.G.SANTHOSH, S/O.KUNJU PILLAI,
                      ...  Petitioner

                        Vs



1. GEEVARGHESE BABU, S/O.GEEVARGHESE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.T.R.ASWAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :10/01/2007

 O R D E R
                                      K. HEMA, J.

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                             Crl.R.P. No.3152 of 2006

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                Dated this the 10th  day of January, 2007.

                                      ORDER

Revision Petitioner is the accused in C.C No. 880 of 2003 on the

file of the Judicial First Class Magistrate Court-I, Kottarakara. First

respondent is the complainant therein. Revision petitioner was

convicted and sentenced by the Magistrate’s Court to undergo simple

imprisonment for a period of one month under section 138 of the

Negotiable Instruments Act and to pay a sum of Rs.30,000/- as

compensation under section 357(3) Cr.P.C. In appeal filed by him, the

conviction and sentence were confirmed by the 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.383/2007 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 is also paid by the

petitioner to the satisfaction of 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.

In the result, the Revision Petitioner is acquitted of offence

under section 138 of the Negotiable Instruments Act, as offence

is compounded. He is set at liberty forthwith.

Crl. M.A.No.383/2006 and Revision Petition are allowed.

Sd/-

Krs.                                                             K. HEMA, JUDGE.