C.Manoharan vs N.Sajeevan on 4 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2492 of 2009()


1. C.MANOHARAN, NADUKANDY HOUSE,
                      ...  Petitioner

                        Vs



1. N.SAJEEVAN, S/O.BALAN, PALAYULLAPARAMBA
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.V.V.ASOKAN

                For Respondent  :SRI.P.P.RAMACHANDRAN

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :04/08/2009

 O R D E R
                          THOMAS P.JOSEPH, J.
               = = = = = = = = = = = = = = = = = = = = = = = =
                            CRL. R.P. NO.2492 of 2009
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                   Dated this the 4th   day of August,   2009

                                   O R D E R

————–

This revision is in challenge of judgment of learned

Additional Sessions Judge (Adhoc-III), Thalassery in Crl. Appeal No.147

of 2003 confirming conviction and sentence of petitioner 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.7586 of

2009 reporting settlement and seeking permission to compound the

offence.

3. It is seen from application No.7586 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.7586 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.

Criminal Revision Petition is disposed of as above.

THOMAS P.JOSEPH, JUDGE.

vsv