IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3098 of 2009()
1. ANIL KUMAR.P. S/O. KESAVAN,
... Petitioner
Vs
1. E.BHASKARN NAIR, S/O. MADHAVAN NAIR(LATE
... Respondent
2. STATE OF KERALA, REP. BY PUBLIC
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :06/10/2009
O R D E R
P.S.Gopinathan, J.
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Crl.R.P.3098 of 2009
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Dated this the 6th day of October, 2009.
ORDER
1.The revision petitioner, who is the accused in
S.T..No.1839 of 2006 on the file of the Judicial
Magistrate of the First Class, Nilambur was
prosecuted by the first respondent alleging
offence under Section 138 of the Negotiable
Instruments Act. The trial court found him
guilty. Accordingly, he was convicted and
sentenced to simple imprisonment for one month
with a direction to pay Rs.30,000/- as
compensation to the first respondent with default
clause to undergo simple imprisonment for one
month. The appeal preferred against the judgment
of the trial court was partly allowed. While
confirming the conviction and sentence, order to
pay compensation was set aside. Now this
revision, assailing the legality and correctness
CRRP3098/09 -:2:-
of the above conviction and sentence.
2.Revision petitioner along with the first
respondent now filed a petition as Crl.M.A.9271
of 2009 seeking permission to compound the
offence. Having heard either side, I find no
reason to reject the petition. Hence, the
petition is recorded and the revision petitioner
would stand acquitted under Section 147 of the
Negotiable Instruments Act read with Section 320
(8) of the Code of Criminal Procedure. The
amount, if any deposited by the revision
petitioner before the trial court, shall be
refunded to the revision petitioner.
Crl.R.P. is disposed of as above.
P.S.Gopinathan, Judge.
sl.