Ajayakumar.P.G. vs Siby Palari on 17 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 99 of 2008()


1. AJAYAKUMAR.P.G., S/O.GOPALAN, AJAYA
                      ...  Petitioner

                        Vs



1. SIBY PALARI, S/O.NARAYANAN, PALARI HOUSE
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.C.P.PEETHAMBARAN

                For Respondent  :SRI.N.A.SHAFEEK

The Hon'ble MR. Justice R.BASANT

 Dated :17/01/2008

 O R D E R
                             R. BASANT, J.
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                       Crl.R.P. No. 99 OF 2008
               ````````````````````````````````````````````````````
              Dated this the 17th day of January, 2008

                                 O R D E R

This revision petition is directed against a

concurrent verdict of guilty, conviction and sentence in a

prosecution under Section 138 of the N.I. Act.

2. When this revision petition came up for hearing, it

is submitted at the Bar by counsel for the rival contestants

that the matter has been settled and the offence has been

compounded by the complainant. A joint compromise petition

duly signed by the rival contestants and counter signed by

their respective counsel is also filed. The learned counsel for

the respondent/complainant vouches that the signature

appearing in the application for composition is that of the

complainant.

3. The offence under Section 138 of the N.I. Act is

now compoundable after the amendment to the N.I. Act. I am

satisfied, from the submissions made at the Bar and the joint

statement filed by them, that the parties have settled their

CRRP.99/08
: 2 :

dispute amicably. I find no reason not to accept the

composition.

4. In the result:

(a) Crl.M.A.376/08 is allowed and the composition is

accepted.

(b) The acceptance of the composition shall have the

effect of acquittal of the accused of the offence punishable

under Section 138 of the N.I. Act as stipulated under Section

320(8) of the Cr.P.C.

(c) Consequently, this revision petition is allowed. The

impugned judgments are set aside. The bail bond executed

by the accused shall stand discharged and he is set at liberty.

5. Hand over copy of this order to the learned counsel

for the petitioner today itself.

(R.BASANT, JUDGE)
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