IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1770 of 2006()
1. JAMALUDHEEN KOYA, S/O.MASTHANKUNJU,
... Petitioner
Vs
1. T.K.MATHEW, THURUTHENKALATHIL,
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.J.OM PRAKASH
For Respondent :SRI.G.GOPAKUMAR (CHERTHALA)
The Hon'ble MR. Justice R.BASANT
Dated :28/07/2006
O R D E R
R. BASANT, J.
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Crl.R.P.No. 1770 of 2006
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Dated this the 28th day of July, 2006
O R D E R
This revision petition is directed against the 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 the joint statement filed by
Crl.R.P.No. 1770 of 2006 2
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.No. 7175 of 2006 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) Cr.P.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
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