High Court Kerala High Court

K.A. Cheriyan vs M/S. Asian Investments on 2 July, 2009

Kerala High Court
K.A. Cheriyan vs M/S. Asian Investments on 2 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 920 of 2003()


1. K.A. CHERIYAN, KARIMGANAMPOYKAYIL,
                      ...  Petitioner

                        Vs



1. M/S. ASIAN INVESTMENTS,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.T.I.ABDUL SALAM

                For Respondent  :SRI.K.T.SHYAMKUMAR

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :02/07/2009

 O R D E R
                             THOMAS P. JOSEPH, J.
                            --------------------------------------
                              Crl.R.P.No.920 of 2003
                            --------------------------------------
                       Dated this the 2nd day of July, 2009.

                                         ORDER

This revision is in challenge of judgment of learned Additional Sessions

Judge, Kottayam in Crl.Appeal No.54 of 2000 confirming conviction and

sentence of petitioner for offence punishable under Section 138 of the

Negotiable Instruments Act (for short, “the Act”).

2. Petitioner and respondent No.1 filed Crl.M.A.No.5844 of 2009

reporting settlement and seeking permission to compound the offence.

3. It is seen from Crl.M.A. No.5844 of 2009 that parties have settled

the dispute out of court. There is no reason to think that the composition is not

voluntary. Offence under Section 138 of the Act is made compoundable under

Section 147 of the Act. Hence permission is granted and Crl.M.A.No.5844 of

2009 is allowed. The composition entered between petitioner and respondent

No.1 is accepted and that shall have the effect of acquittal of petitioner under

Section 320(8) of the Code of Criminal Procedure.

Revision Petition is disposed of as above.

THOMAS P.JOSEPH,
Judge.

cks

2

Thomas P.Joseph, J.

Crl.R.P.No.920 of 2003

ORDER

2nd July, 2009.