IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 142 of 2008()
1. FRANCIS,S/O. JOSEPH,CHIRAYIL VEEDU
... Petitioner
Vs
1. K.T.THOMAS,S/O. THOMAS
... Respondent
2. STATE OF KERALA REP. BY
For Petitioner :SRI.CIBI THOMAS
For Respondent :SRI.UNNIKRISHNAN V.ALAPPATT
The Hon'ble MR. Justice R.BASANT
Dated :28/01/2008
O R D E R
R. BASANT, J.
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Crl.R.P. No. 142 OF 2008
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Dated this the 28th day of January, 2008
O R D E R
This revision petition is directed against a
concurrent verdict of guilty, conviction and sentence in a
prosecution under Section 138 of the N.I. Act.
2. When this revision petition came up for hearing, it
is submitted at the Bar by counsel for the rival contestants
that the matter has been settled and the offence has been
compounded by the complainant. A joint compromise petition
duly signed by the rival contestants and counter signed by
their respective counsel is also filed. The learned counsel for
the respondent/complainant vouches that the signature
appearing in the application for composition is that of the
complainant.
3. The offence under Section 138 of the N.I. Act is
now compoundable after the amendment to the N.I. Act. I am
satisfied, from the submissions made at the Bar and from the
CRRP.142/08
: 2 :
joint statement filed by them, that the parties have settled their
dispute amicably. I find no reason not to accept the
composition.
4. In the result:
(a) Crl.M.A.602/08 is allowed and the composition is
accepted.
(b) The acceptance of the composition shall have the
effect of acquittal of the accused of the offence punishable
under Section 138 of the N.I. Act as stipulated under Section
320(8) of the Cr.P.C.
(c) Consequently, this revision petition is allowed. The
impugned judgments are set aside. The bail bond executed
by the accused shall stand discharged and he is set at liberty.
(R.BASANT, JUDGE)
aks