IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3243 of 2007()
1. V.R. LALU, AGED 37 YEARS,
... Petitioner
Vs
1. M.S. SALIM KUMAR, AGED 42 YEARS,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.SUJITH MATHEW JOSE
For Respondent :SRI.GEORGE MATHEW
The Hon'ble MR. Justice R.BASANT
Dated :22/10/2007
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3243 OF 2007
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Dated this the 22nd day of October, 2007
ORDER
The petitioner has been found guilty, convicted and
sentenced in a prosecution under Sec.138 of the Negotiable
Instruments Act. He faces the sentence of simple
imprisonment for a period of one year. There is no direction
for payment of fine or compensation. The trial court’s decision
was upheld by the appellate court. The revision petition was
dismissed for non-prosecution.
2. The petitioner/accused and the respondent/
complainant have now come before this Court with a prayer
that the composition which has been effected at the post
revision stage may be accepted and the verdict of guilty,
conviction and sentence may be set aside invoking the powers
under Sec.482 of the Cr.P.C. as explained in the dictum in
Crl.M.C. No. 3243 OF 2007 -: 2 :-
Sabu George v. Home Secretary (2007 (1) KLT 982).
3. The learned counsel for the respondent confirms that
the matter has been settled and that the complainant has no
further grievance whatsoever against the petitioner.
4. If this Court were not to accept the composition, the
petitioner would be compelled to undergo the substantive
sentence of simple imprisonment for a period of one year. I am
satisfied, in the facts and circumstances of this case, that this is
an eminently fit case where the dictum in Sabu George v.
Home Secretary (2007 (1) KLT 982) must come to the rescue of
the petitioner.
5. In the result:
(a) This Crl.M.C. is allowed.
(b) The verdict of guilty, conviction and sentence imposed
on the petitioner in C.C. No.613/92 passed by the Judicial
Magistrate of the First Class, Perumbavoor, as upheld in Crl.A.
No.150/94 by the Additional Sessions Judge, North Parur, is
hereby set aside.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy/ P.S. to Judge