IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 937 of 2009()
1. ANITHA , AGED 59, W/O. SUBBAYYAN,
... Petitioner
Vs
1. KUNJUKUTTY, KELAGANEZHATHU HOUSE,
... Respondent
2. STATE OF KERALA, TO BE REP. BY PUBLIC
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent :SRI.BIMAL PRASAD
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :08/07/2009
O R D E R
THOMAS P.JOSEPH, J.
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CRL. R.P. NO.937 of 2009
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Dated this the 8th day of July, 2009
O R D E R
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This revision is in challenge of judgment of learned
Additional Sessions Judge (Adhoc-III), North Parur in Crl. Appeal
No.718 of 2008 confirming conviction and sentence for 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.6380 of
2009 reporting settlement and seeking permission to compound the
offence.
3. It is seen from application No.6380 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.6380 of 2009 is allowed. The
composition entered between 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.
4. It is submitted by counsel for petitioner that as per order of
learned Additional Sessions Judge a sum of Rs.30,000/- (Rupees Thirty
CRL. R.P. No.937 of 2009
-: 2 :-
thousand only) and as per order of this Court another sum of
Rs.50,000/- (Rupees Fifty thousand only) are deposited in the trial
court. According to learned counsel as per the agreement entered
between petitioner and respondent No.1, respondent No.1 is entitled
to withdraw the said amount. Counsel says that petitioner has no
objection in respondent No.1 withdrawing the said amount. Hence it
is directed that the amount if any deposited by petitioner in the trial
court shall be paid to respondent No.1 on application.
Criminal Revision Petition is disposed of as above.
THOMAS P.JOSEPH, JUDGE.
vsv
THOMAS P.JOSEPH, J.
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CRL. R.P. NO. OF 2000
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O R D E R
JUNE, 2009