High Court Kerala High Court

K.V.Mary vs C.G.Ramanan on 19 October, 2009

Kerala High Court
K.V.Mary vs C.G.Ramanan on 19 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 695 of 2006()


1. K.V.MARY, W/O.C.J.EDWARD, CHERUKADU
                      ...  Petitioner

                        Vs



1. C.G.RAMANAN, S/O.C.K.GOVINDAN,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  :SRI.P.HARIDAS

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :19/10/2009

 O R D E R
                         P.S. GOPINATHAN, J.
                         -----------------------------
                      CRL. R.P. NO. 695 OF 2009
                     ---------------------------------------
            DATED THIS THE 19th DAY OF OCTOBER 2009

                                 O R D E R

The revision petitioner who is the accused in C.C. No. 109 of

2000 on the file of the Judicial Magistrate of First Class, Thiruvalla

was prosecuted by the 1st respondent alleging offence u/s. 138 of

the Nogotiable Instruments Act. The trial court found the revision

petitioner guilty. Accordingly, he was convicted and sentenced to

undergo simple imprisonment for a period of four months with a

direction to pay Rs. 2,45,000/- as compensation to the 1st

respondent, in default of payment of compensation, the revision

petitioner was directed to undergo simple imprisonment for a

further period of one month, against of which, an appeal was filed

by the revision petitioner. In appeal, the conviction was confirmed

by the appellate court, but the sentence was modified by altering

the same to one simple imprisonment till the rising of the court

and in all other respects the sentence awarded by the trial court was

confirmed.

2. Assailing the legality, correctness and propriety of the

above conviction and sentence, this revision petition was filed.

3. Revision petitioner and the 1st respondent now filed a

joint application as Crl. M.A No. 10109 of 2009 seeking

permission to compound the offence. Having heard either side, I

find no reason to reject the petition. Hence, the petition is recorded

and the revision petitioner is acquitted under Section 147 of the

Negotiable Instruments Act read with Section 320(8) of the Code

of Criminal Procedure.

Crl.R.P. is disposed of as above.

P.S. GOPINATHAN
JUDGE

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