High Court Kerala High Court

Baby vs K.R.Dali on 30 June, 2009

Kerala High Court
Baby vs K.R.Dali on 30 June, 2009
       

  

  

 
 
  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
                           ----------------------------------------
                               Crl.R.P.No.2069 of 2009
                           ---------------------------------------
                           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/