High Court Kerala High Court

Babu Antony vs Mohandas on 16 December, 2008

Kerala High Court
Babu Antony vs Mohandas on 16 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 742 of 2002()


1. BABU ANTONY, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. MOHANDAS, AGED 45, PROPRIETOR,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.S.SANAL KUMAR

                For Respondent  :SRI.ROY CHACKO

The Hon'ble MR. Justice A.K.BASHEER

 Dated :16/12/2008

 O R D E R
                              A.K.BASHEER, J.
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                        CRL.R.P.No.742 OF 2002
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            Dated this the 16th day of December, 2008

                                    O R D E R

Petitioner, who has been concurrently found guilty by

the trial court as well as the appellate court under Section

138 of the Negotiable Instruments Act, has preferred this

revision petition. The trial court had convicted and sentenced

the petitioner to undergo simple imprisonment for 6 months

and to pay a sum of Rs.9,800/= under Section 357(3) of the

Code of Criminal Procedure to the complainant as

compensation. In appeal, the substantive sentence was

modified and reduced to simple imprisonment for one month.

2. Petitioner/accused and the complainant have filed a

petition under Section 147 of the Act stating that the matter

has been compromised out of court and the complainant has

received the entire money payable by the accused in

connection with the above cheque transaction. Therefore,

they pray that they may be permitted to compound the

offence. The parties and their respective counsel have signed

in the petition.

2

In the facts and circumstances, the petition for

composition is allowed and the petitioner is acquitted.

A.K.BASHEER, JUDGE)

cl

3

A.K.BASHEER, J.

CRL.R.P.No.742 OF 2002

O R D E R

16th December, 2008