IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 787 of 2006()
1. B.H.SUBAIDA, AGED 49 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. O.K.IMBICHIKOYAKUTTY,
For Petitioner :SRI.PEEYUS A.KOTTAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/11/2006
O R D E R
K.T.SANKARAN, J
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Crl. R.P. No. 787 of 2006
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Dated this the 21st day of November, 2006
ORD
ER
The petitioner was convicted for the offence under Section
138 of the Negotiable Instruments Act and he was sentenced to
undergo simple imprisonment for a period of six months and to
pay an amount of Rs.4,13,000/- as compensation. On appeal as
Crl.Appeal No.685/04, the Sessions Court, Kozhikode, confirmed
the conviction but reduced the sentence as imprisonment till the
rising of the court. The appellate court also directed the accused
to pay a sum of Rs.4,13,000/- as compensation to the
complainant and in default, to undergo simple imprisonment for
a period of six months.
2. The complainant as well as the accused have filed
Crl.M.A.No.11531/06 under Section 147 of the Negotiable
Instruments Act. That application was allowed.
3. In the result, the Crl.R.P. is allowed. The conviction
and sentence against the petitioner are set aside and the
petitioner is acquitted under Section 320 (8) of the Code of
Criminal Procedure.
CRL.RP.NO.787/2006 2
In the petition under Section 147 of the Negotiable
Instruments Act, it is stated that the second respondent/
complainant shall be entitled to get release of Rs.25,000/-
deposited by the accused before the trial court. Accordingly,
there will be a direction to the trial court to disburse Rs.25,000/-
to the second respondent/complainant.
K.T.SANKARAN,
JUDGE
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CRL.RP.NO.787/2006 3
K.T.SANKARAN, J
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Crl.M.A.No. 11531/2006
in
Crl. R.P. No. 787 of 2006
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Dated this the 21st day of November, 2006
ORDER
This is an application under Section 147 of the Negotiable
Instruments Act seeking permission to compound the offence under
Section 138 of the Negotiable Instruments Act.
2. The application is signed by the revision petitioner/accused
and the second respondent/complainant. It is stated that the matter is
settled between the parties.
3. It is also stated in the application that the amount of
Rs.25,000/- deposited before the trial court is to be disbursed to the
second respondent/complainant.
The application is allowed. There will be a direction to the trial
court to disburse the sum of Rs.25,000/- to the second
respondent/complainant.
K.T.SANKARAN,
JUDGE
csl
CRL.RP.NO.787/2006 4