C.A. Aboobekkar vs A.J. Joseph on 2 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1116 of 2002()


1. C.A. ABOOBEKKAR, CHOORAVELIL HOUSE,
                      ...  Petitioner

                        Vs



1. A.J. JOSEPH, S/O. ULAHANNAN,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.ANIL GEORGE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :02/12/2009

 O R D E R
                          P.Q. BARKATH ALI, J.

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

                         CRL. R.P. 1116 of 2002

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

                       Dated: DECEMBER 2, 2009

                               ORDER

The revision petitioner is the accused in C.C.No.186 of 1996 of

the Chief Judicial Magistrate Court, Thodupuzha and the appellant in

Crl.A.206 of 1998 of the Sessions Court, Thodupuzha. He was

convicted under sec.138 of the Negotiable Instruments Act and was

sentenced to undergo rigorous imprisonment for two months and to

pay a fine of Rs.40,000/-, in default to undergo rigorous

imprisonment for one month, which is confirmed in appeal. The

accused person has come up in revision challenging his conviction and

sentence.

2. When the revision petition came up for hearing today, both

the parties filed petition seeking permission to compound the offence

which was allowed by me. As the offence is compounded, the revision

petition has to be allowed and the accused has to be acquitted.

2. In the result, as the offence is compounded, the revision

petition is allowed. The conviction and sentence of the

accused/revision petitioner rendered by the trial court and confirmed

in appeal, is set aside. The accused is acquitted under sec.320 of the

Cr.P.C. His bail bonds are cancelled.

P.Q. BARKATH ALI, JUDGE

mt/-