IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1712 of 2009()
1. SAJEEV KUMAR, AGED 48 YEARS,
... Petitioner
Vs
1. K.KALAIVANAN,S/O.KRISHNAN,H.NO.CC XVIII/
... Respondent
2. STATE OF KERALA, REPRESENTED BY PUBLIC
For Petitioner :SRI.K.G.SARATHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :01/06/2009
O R D E R
THOMAS P.JOSEPH, J.
= = = = = = = = = = = = = = = = = = = = = = = =
CRL. R.P. NO.1712 of 2009
= = = = = = = = = = = = = = = = = = = = = = = = =
Dated this the 1st day of June, 2009
O R D E R
————–
This revision is in challenge of the judgment of learned
Additional District and Sessions Judge, Ernakulam in Crl. Appeal
No.670 of 2006 confirming conviction and sentence for the offence
punishable under Section 138 of the Negotiable Instruments Act (for
short, “the Act”).
2. Petitioner and respondent No.1 filed Crl.M.A No.5211 of
2009 reporting settlement and seeking permission to compound the
offence.
3. It is seen from application No.5211 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 Section 138 of the Act
is made compoundable under Section 147 of the Act. Hence
permission is granted and Crl.M.A. No.5211 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 Section 320(8) of Code of Criminal Procedure.
Criminal Revision Petition is disposed of as above.
THOMAS P.JOSEPH, JUDGE.
vsv