IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 3152 of 2006()
1. K.G.SANTHOSH, S/O.KUNJU PILLAI,
... Petitioner
Vs
1. GEEVARGHESE BABU, S/O.GEEVARGHESE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.T.R.ASWAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/01/2007
O R D E R
K. HEMA, J.
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Crl.R.P. No.3152 of 2006
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Dated this the 10th day of January, 2007.
ORDER
Revision Petitioner is the accused in C.C No. 880 of 2003 on the
file of the Judicial First Class Magistrate Court-I, Kottarakara. First
respondent is the complainant therein. Revision petitioner was
convicted and sentenced by the Magistrate’s Court to undergo simple
imprisonment for a period of one month under section 138 of the
Negotiable Instruments Act and to pay a sum of Rs.30,000/- as
compensation under section 357(3) Cr.P.C. In appeal filed by him, the
conviction and sentence were confirmed by the 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.383/2007 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 is also paid by the
petitioner to the satisfaction of 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.
In the result, the Revision Petitioner is acquitted of offence
under section 138 of the Negotiable Instruments Act, as offence
is compounded. He is set at liberty forthwith.
Crl. M.A.No.383/2006 and Revision Petition are allowed.
Sd/-
Krs. K. HEMA, JUDGE.