IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1166 of 2004()
1. K.K.KANAKAMMA,
... Petitioner
Vs
1. M/S. BALU ENTERPRISES,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.ABRAHAM K.JOHN
For Respondent :SRI.V.B.JINNAH
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :22/10/2010
O R D E R
P.Q.BARKATH ALI, J.
- - - - - - - - - - - - - - - - - - - - -
Crl.R.P.No.1166 OF 2004
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this 22nd day of October, 2010
ORDER
Revision petitioner is the accused in C.C.No.7/1998 on the file of
Judicial First Class Magistrate I, Ernakulam and appellant in
Crl.Appeal No.931/2003 of IV Addl. Sessions Court, Ernakulam. She
was convicted under Section 138 of Negotiable Instruments Act and
was sentenced to undergo simple imprisonment for one year and to pay
a compensation of Rs. 30,000/- to the complainant by the learned
Magistrate by judgment dated November 20, 2001. On appeal by the
accused, the lower appellate court by judgment dated March 14, 2003
confirmed her conviction, but reduced the sentence to simple
imprisonment for one month. The direction to pay compensation was
sustained. The accused has now come up in revision challenging her
conviction and sentence.
2. When the revision petition came up for hearing today, a
joint petition is filed by the appellant and revision second respondent
CRRP.No.1166/2004 2
seeking permission to compound the offence which was allowed by
me. As the offence has been compounded, the revision petition has to
be allowed.
In the result, revision petition is allowed. Conviction and
sentence of the revision petitioner under Section 138 of Negotiable
Instruments Act rendered by the trial court and confirmed by the lower
appellate court are set aside. Accused is acquitted under Section 320
of Cr.P.C. Her bail bonds are cancelled.
P.Q.BARKATH ALI
JUDGE
sv.
CRRP.No.1166/2004 2