K.Kunhikkannan vs K.T.Narayanan on 5 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2501 of 2009()



1. K.KUNHIKKANNAN
                      ...  Petitioner

                        Vs

1. K.T.NARAYANAN
                       ...       Respondent

                For Petitioner  :SRI.ZUBAIR PULIKKOOL

                For Respondent  :SMT.SHAMEENA SALAHUDHEEN

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :05/08/2009

 O R D E R
                         THOMAS P JOSEPH, J
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                       Crl.R.P.No.2501 of 2009
                    ---------------------------------------
                Dated this 05th day of August 2009

                                  ORDER

This revision is in challenge of judgment of learned Sessions

Judge, Kozhikode in Crl. Appeal No. 823 of 2006 confirming conviction

and sentence of petitioner for offence punishable under Sec.138 of the

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

2. Petitioner and respondent No.1 filed Crl.M.A.No.7617 of

2009 reporting settlement and seeking permission to compound the

offence.

3. It is seen from Crl.M.A.No.7617 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 Sec.138 of the Act is

made compoundable under Sec.147 of the Act. Hence permission is

granted and Crl.M.A.No.7617 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 Sec.320(8) of the

Code of Criminal Procedure.

Revision Petition is disposed of as above.

THOMAS P JOSEPH, JUDGE
Sbna/