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. 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.