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.
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Crl.R.P.No.920 of 2003
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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.