High Court Kerala High Court

A.J.George vs A.J.Abraham on 23 January, 2009

Kerala High Court
A.J.George vs A.J.Abraham on 23 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3192 of 2003(A)


1. A.J.GEORGE S/O. JOSEPH, ALAPPAT HOUSE,
                      ...  Petitioner

                        Vs



1. A.J.ABRAHAM, KOTTAKKAL HOUSE, KOONAMMAVU
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.VIJAYAN MANNALY

                For Respondent  :SRI.PHILIP T.VARGHESE

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :23/01/2009

 O R D E R
                 M. SASIDHARAN NAMBIAR,J.

              -------------------------------------------------

                    CRL.R.P.No.3192 OF 2003

              --------------------------------------------------

            Dated this the 23rd day of January, 2009


                               O R D E R

Revision petitioner is the accused and first respondent

the complainant in S.T.3450 of 1999 on the file of Judicial First

Class Magistrate, N.Paravur. Revision petitioner was convicted

and sentenced for the offence under section 138 of Negotiable

Instruments Act. Conviction and sentence was confirmed by

Additional Sessions Judge, N. Paravur in Crl. Appeal 811 of

2001. Revision is filed challenging the conviction and sentence.

2. On the death of first respondent/complainant, as per

order in Crl. M. Appl. 844 of 2009 his legal heir was impleaded

as respondent No.3.

3. Crl.M.Appl. 12413 of 2008 is jointly filed by revision

petitioner and third respondent, being the legal heir of deceased

complainant, under section 147 of Negotiable Instruments Act

seeking permission to compound the offence stating that they

have amicably settled the dispute and third respondent received

the entire amount covered by the dishonoured cheque and

CRRP 3192/2003
2

revision petitioner had deposited Rs.25,000/- before the trial

Court as directed by this Court and revision petitioner may be

allowed to withdraw the same.

Crl.M.Appl. 12413 of 2008 is allowed. Permission is

granted to compound the offence. Offence is compounded. If

revision petitioner has deposited any amount before the trial

Court in this case as directed by this Court, revision petitioner is

at liberty to withdraw the same.

M. SASIDHARAN NAMBIAR, JUDGE

okb