Ajitha A.N. House No.6 vs Varghese Alexander on 16 October, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1017 of 2006(B)


1. AJITHA A.N. HOUSE NO.60,
                      ...  Petitioner

                        Vs



1. VARGHESE ALEXANDER, KOLETH  47,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SMT.S.MUMTAZ

                For Respondent  :SMT.CELINE WILFRED

The Hon'ble MR. Justice R.BASANT

 Dated :16/10/2006

 O R D E R
                                  R. BASANT, J.
                           - - - - - - - - - - - - - - - - - - - -
                         Crl.R.P.No.  1017 of   2006
                          -  - - - -  - - - - - - - - - - - - - - -
                 Dated this the 16th  day of   October, 2006


                                      O R D E R

This revision petition is directed against the 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

Crl.R.P.No. 1017 of 2006 2

them, that the parties have settled their dispute amicably. I find no reason

not to accept the composition.

4. In the result:

(a) Crl.M.A.No. 10361 of 2006 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) Cr.P.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. It is said that an amount of Rs.25,000/- is in deposit before the

trial court. The counsel pray that the said amount may be released to the

accused/petitioner herein. Request accepted. The amount, if any, deposited

shall be released to the accused/petitioner herein.

Crl.R.P.No. 1017 of 2006 3

(R. BASANT)
Judge

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