Cheriyan Oommen vs Mathai Joseph And Another on 27 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2393 of 2009()



1. CHERIYAN OOMMEN
                      ...  Petitioner

                        Vs

1. MATHAI JOSEPH AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :27/07/2009

 O R D E R
                        THOMAS P.JOSEPH, J.
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                          CRL. R.P. NO.2393 of 2009
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                  Dated this the 27th    day of July, 2009

                                 O R D E R

————–

This revision is in challenge of judgment of learned

Additional Sessions Judge (Adhoc-I), Pathanamthitta in Crl. Appeal

No.176 of 2005 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.7266 of

2009 reporting settlement and seeking permission to compound the

offence.

3. It is seen from application No.7266 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.7266 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