IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 376 of 2010()
1. E.UMMER, AGED 40 YEARS, S/O.VEERAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REP.BY PUBLIC
... Respondent
2. T.ASHARAF, AGED 38 YEARS,S/O.THOTTIYAN
For Petitioner :SRI.A.V.JAMES
For Respondent :SRI.P.DALBI EMMANUEL
The Hon'ble MR. Justice V.K.MOHANAN
Dated :01/02/2010
O R D E R
V.K. MOHANAN, J.
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Crl. M.A. No. 1083 of 2010
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Dated this the 1st day of February, 2010
O R D E R
This is an application filed under Section 147 of the
Negotiable Instruments Act for compounding the offence
under Section 138 of the Negotiable Instruments act in
which the revision petitioner is involved. It is stated that
the matter has been settled out of court and the
complainant has received the amount due from the
revision petitioner and therefore the complainant is not
intend to proceed with the case further. This compound
petition is signed by both the revision petitioner as well
as the complainant and counter signed by their
prospective counsels. As I am satisfied with the reasons
stated in the petition, this petition is allowed
compounding the offence.
V.K. MOHANAN, JUDGE
rkc
V.K. MOHANAN, J.
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Crl. R.P. No. 376 of 2010
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Dated this the 1st day of February, 2010
O R D E R
The revision petitioner is the sole accused in ST No.
1036/2006, approached this court challenging his
conviction under Section 138 of Negotiable Instruments
Act and the sentence imposed against him. The trial
court on conviction sentenced him to under go simple
imprisonment for one month and also directed to pay
Rs. 80,000/- to the complainant as compensation. In
appeal by judgment dated 22-04-2009 the appellate court
modified the sentence and directed the accused to
undergo imprisonment till rising of the court for one day
and to pay a sum of Rs. 80,000/- as compensation under
section 357(3) Cr.PC. It is the above judgment,
conviction and sentence challenged in this revision
petition.
While the revision petition is pending before this
court the matter has been settled out of the court and the
parties approached this court by filing a compound
petition wide Crl.M.A No. 1083/2010 and this court by a
separate order allowed this application. In the light of the
above order, this Criminal Revision Petition can be
disposed of .
In the result this Crl. RP is allowed setting aside the
judgment of the court below and acquitting the accused.
Accordingly this Criminal Revision Petition is allowed as
above.
V.K. MOHANAN, JUDGE
rkc