IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1958 of 2010()
1. C.ABDUL MUHAZIN, S/O.MOIDEEN KUNHI,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. V.K.SHAJI, S/O.KRISHNAN, PUTHENPURAYIL
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent :SRI.KRISHNAN.S.RAJ
The Hon'ble MR. Justice V.K.MOHANAN
Dated :07/07/2010
O R D E R
V.K.MOHANAN, J.
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Crl.R.P.No.1958 of 2010
---------------------------------
Dated this the 7th day of July 2010
O R D E R
Crl.M.A.No.6239/10
This is an application filed under Sec.320 of Cr.P.C. to
compound the offence punishable under Sec.138 of the
N.I.Act.
2. In the petition, it is stated that the matter has
been settled out of court and therefore, sought permission
to compound the above offence. I have gone through the
petition and I am satisfied with the averments, terms and
conditions and prayer contained therein. This petition is
signed by both the complainant and the accused and
counter signed by their respective counsels.
In the result, this petition is allowed permitting
the contesting parties to compound the offence and
Crl.R.P.No.1958 of 2010
: 2 :
accordingly the composition of the offence under Sec.138 of
the N.I.Act is recorded.
Crl.R.P.No.1958/10
The accused in a prosecution for an offence under
Sec.138 of the N.I.Act is the revision petitioner, as he is
aggrieved by the judgment dated 28.12.2007 in
C.C.No.125/2007 of the court of Judicial First Class
Magistrate-II, Perambra and also the judgment dated
21.10.2008 in Crl.A.No.59/2008 of the court of IIIrd
Addl.Sessions Judge, Kozhikode since he is convicted and
sentenced under Sec.138 of the N.I.Act.
2. Today by a separate order in Crl.M.A.No.6239/10
this Court permitted the contesting parties to compound the
offence under Sec.138 of the N.I.Act, which is the subject
matter of the above revision petition and accordingly the
composition is recorded. The compounding of the offence
will amount to acquittal by virtue of Sec.320(8) of Cr.P.C.
Therefore, I am of the view that this revision petition can be
Crl.R.P.No.1958 of 2010
: 3 :
allowed acquitting the revision petitioner.
In the result, this revision petition is allowed
setting aside judgments of the court below and acquitting
the revision petitioner/accused of all the charges levelled
against him and he is set at liberty.
V.K.MOHANAN, JUDGE.
Jvt