IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2069 of 2009()
1. BABY
... Petitioner
Vs
1. K.R.DALI
... Respondent
For Petitioner :SRI.K.R.SUNIL
For Respondent :SMT.P.K.PAMALA
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :30/06/2009
O R D E R
THOMAS P JOSEPH, J
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Crl.R.P.No.2069 of 2009
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Dated this 30th day of June 2009
ORDER
This revision is in challenge of judgment of learned Additional District &
Sessions Judge, Fast Track (ADHOC), Mavelikkara in Crl. Appeal No. 30 of 2006
confirming conviction and sentence of petitioner for offence punishable under
Sec.138 of the Negotiable Instruments Act (for short, “the Act”)
2. Petitioner and respondent No.1 filed Crl.M.A.No.6287 of 2009
reporting settlement and seeking permission to compound the offence.
3. It is seen from Crl.M.A.No.6287 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 Sec.138 of the Act is made compoundable under
Sec.147 of the Act. Hence permission is granted and Crl.M.A.No.6287 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 Sec.320
(8) of the Code of Criminal Procedure.
Revision Petition is disposed of as above. Petitioner shall be released
forthwith if not required to be detained otherwise. Issue intimation to
Superintendent, Central Prison, Thiruvananthapuram.
THOMAS P JOSEPH, JUDGE
Sbna/