IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3674 of 2009()
1. GEORGE MATHEW, S/O.M.MATHEW,
... Petitioner
Vs
1. M/S.MARINE CHEMICALS,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent :SRI.JIMMY GEORGE
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :03/12/2009
O R D E R
P.S.GOPINATHAN, J.
-----------------------------------
Crl.R.P.No.3674 of 2009
----------------------------------
Dated this the 3rd day of December, 2009
ORDER
The revision petitioner was convicted by the Judicial Magistrate
of the First Class-IV, Kochi in S.T.No.249 of 2006 on his file for
offence under Section 138 of the Negotiable Instruments Act and was
sentenced to simple imprisonment for two months and to pay
Rs.70,000/- as compensation to the first respondent who was the
complainant. In Criminal Appeal the conviction and sentence were
confirmed. Now this revision.
2. The revision petitioner along with the first respondent
settled the matter out of court and filed Crl.M.Appl.No.11626 of 2009
seeking an order to record compounding. Having heard either side, I
find no reason to reject the petition. Hence the petition
Crl.M.Appl.No.11626 of is recorded and the revision petitioner would
stand acquitted under Section 147 of the Negotiable Instruments Act
read with Section 320(8) of the Code of Criminal Procedure and is set
at liberty. The first respondent/complainant is permitted to withdraw
the amount of Rs.15,000/- deposited by the revision petitioner before
the trial court.
Revision petition is disposed as above.
P.S.GOPINATHAN, JUDGE
skj.