High Court Kerala High Court

K.Babu vs Joseph Thomas on 21 December, 2006

Kerala High Court
K.Babu vs Joseph Thomas on 21 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 4583 of 2006()



1. K.BABU
                      ...  Petitioner

                        Vs

1. JOSEPH THOMAS
                       ...       Respondent

                For Petitioner  :SRI.K.JAYAKUMAR

                For Respondent  :SRI.BIMAL K.NATH

The Hon'ble MRS. Justice K.HEMA

 Dated :21/12/2006

 O R D E R
                                               K. HEMA, J.

                                -----------------------------------

                                   Crl. R.P. No. 4583 of 2006

                                -----------------------------------

                       Dated this the 21st day of December 2006



                                              O R D E R

Admitted. Adv. Bimal K. Nath takes notice for first respondent.

Revision petitioner is the accused in C.C. No. 90 of 1993 on the file of

Judicial First Class Magistrate-I, Punalur. First respondent is the complainant

therein. Revision petitioner was convicted under Section 138 of the Negotiable

Instruments Act and sentenced by the Magistrate’s Court to undergo simple

imprisonment for three months and to pay a compensation of Rs. 57,000/- to

PW1 (the son of the complainant) under Section 357(3) of the Code of Criminal

Procedure. In appeal filed by him, the conviction and sentence were confirmed

by the Additional District and Sessions Court, Kollam. This revision arises from

the said conviction and sentence.

2. At the time of hearing, both sides submitted that a petition as

Crl. M. A. No. 13314 of 2006 is filed for compounding the offence. It is also

submitted by both sides that the matter is settled out of court amicably between

the parties and the amount involved is also paid by the petitioner to the first

respondent.

On hearing both sides and on going through the averments in the petition,

I am satisfied that this is a fit case to grant permission to compound the

offence. The revision petitioner is acquitted of offence under Section 138 of the

Negotiable Instruments Act, as compounded. He is set at liberty forthwith.

Crl.M.A.No.13314 of 2006 and revision petition are allowed.

K. HEMA, JUDGE.

smp