High Court Kerala High Court

C.J.Edward vs State Of Kerala Rep. By The Public on 19 October, 2009

Kerala High Court
C.J.Edward vs State Of Kerala Rep. By The Public on 19 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3503 of 2005()


1. C.J.EDWARD, S/.O.EDWARD, CHERUKAD HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY THE PUBLIC
                       ...       Respondent

2. C.G.REHMAN, S/O.C.K.GOVINDAN,

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  :SRI.P.HARIDAS

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :19/10/2009

 O R D E R
                           P.S. GOPINATHAN, J.
                           -----------------------------
                      CRL. R.P. NO. 3503 OF 2005
                       ---------------------------------------
            DATED THIS THE 19TH DAY OF OCTOBER 2009

                                   O R D E R

The revision petitioner, who is the accused in C.C No.110 of

2000 on the file of the Judicial Magistrate of First Class, Thiruvalla

was prosecuted by the 2nd respondent alleging offence u/s. 138 of

the Negotiable Instruments Act. The trial court found the revision

petitioner guilty. Accordingly, he was convicted and sentenced to

undergo simple imprisonment for a period of four months with a

direction to pay Rs. 2,45,000/- as compensation. In default,

revision petitioner was ordered to undergo simple imprisonment for

a further period of one month. In Crl.Appeal No. 357 of 2004

filed by the revision petitioner, the conviction was confirmed. The

substantive sentence was reduced to one for simple imprisonment

till rising of the court.

2. Assailing the legality, correctness and propriety of the

above conviction and sentence, this revision petition was filed.

CRL. R.P. NO. 3503 OF 2005
2

3. Revision petitioner and the 2nd respondent now settled

the matter and filed a joint application as Crl. M.A No. 10108 of

2009 seeking permission to compound the offence. Having heard

either side, I find no reason to reject the petition. Hence, the

petition is recorded and the revision petitioner is acquitted under

Section 147 of the Negotiable Instruments Act read with Section

320(8) of the Code of Criminal Procedure.

Crl.R.P. is disposed of as above.

P.S. GOPINATHAN
JUDGE

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