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Jalal @ Jaleel vs K.S.Salim on 20 March, 2009

Kerala High Court
Jalal @ Jaleel vs K.S.Salim on 20 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1030 of 2009()



1. JALAL @ JALEEL
                      ...  Petitioner

                        Vs

1. K.S.SALIM
                       ...       Respondent

                For Petitioner  :SRI.A.P.SUBHASH

                For Respondent  :SRI.R.RAJAGOPAL

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :20/03/2009

 O R D E R
                     M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
             CRIMINAL.R.P. NO. 1030 OF 2009
             = = = = = = = = = = = = = = =
        Dated this the 20th day of March, 2009.

                          O R D E R

This revision is preferred against the judgment of the

Additional Sessions Judge, Thodupuzha in Crl.A.118/07.

That appeal was preferred against the conviction and

sentence passed in S.T.119/06 by the Judicial First Class

Magistrate-II, Thodupuzha whereby the revision petitioner

was convicted and sentenced to undergo simple

imprisonment for a period of one month and to pay a

compensation of Rs.15,000/- and in default to undergo

simple imprisonment for one month. In appeal the appellate

court modified the sentence to one of imprisonment till the

raising of the Court and to pay a fine of Rs.15,000/- u/s 357

(1) Cr.P.C. with default clause of one month’s simple

imprisonment. Now the matter is compounded between the

parties as per Crl.M.A. 3069/09. It is stated therein that the

defacto complainant has received the entire amount and he

has no grievance against the revision petitioner.

Compounding is recorded.

Crl.R.P. 1030 OF 2009
-:2:-

2. Since compounding is recorded, under the

provisions of the N.I. Act it has become necessary to set

aside the conviction and sentence passed by the Judicial First

Class Magistrate-II Thodupuzha and modified by the

Sessions Judge in the Criminal Appeal. Therefore they are

set aside. Since the matter is compounded, the

compounding will have the effect of acquittal as

contemplated u/s 320(8) of Cr.P.C.

The Crl.R.P. is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-

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