Laine Vijayan vs State Of Kerala Represented By on 26 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3255 of 2009()


1. LAINE VIJAYAN, AGED 36 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. P.VISWAMBARAN, P.V.BHAVAN,

                For Petitioner  :SRI.DILEEP P.PILLAI

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :26/10/2009

 O R D E R
                     P.S.GOPINATHAN, J.
                ----------------------------------------
                    Crl.R.P.No.3255 of 2009
                ----------------------------------------
          Dated this the 26th day of October, 2009

                               ORDER

The revision petitioner is the accused in C.C.No.643 of

1998 on the file of the Judicial Magistrate of the First Class,

Paravoor. The second respondent herein prosecuted the revision

petitioner for offence under Section 138 of the Negotiable

Instruments Act. The learned magistrate, after due trial, found

the revision petitioner guilty. Accordingly, he was convicted and

sentenced to undergo simple imprisonment for six months. He

was also directed to pay Rupees one lakh as compensation to the

second respondent under Section 357(3) of the Code of Criminal

Procedure. The learned Additional Sessions Judge, Adhoc-III,

Kollam, in appeal, confirmed the above conviction and sentence.

2. Assailing the legality, correctness and propriety of the

above conviction and sentence as confirmed in appeal, this

revision petition was filed. Today, when the revision petition

came up for hearing the revision petitioner and the legal heirs of

second respondent settled the matter out of court and jointly

Crl.R.P.No.3255 of 2009
2

filed a petition as Crl.M.A.No.9775 of 2009 seeking permission

for compounding the offence alleged. Having heard either side

and the learned public prosecutor, I find no reason to reject the

petition. In the above circumstances, the petition

Crl.M.Appl.No.9775 of 2009 is recorded and the revision

petitioner is acquitted U/s.147 of the Negotiable Instruments Act

r/w. section 320(8) of the Code of Criminal Procedure and is set

at liberty.

P.S.GOPINATHAN, JUDGE

Skj.