High Court Kerala High Court

M.A. Ahmed Shafiullah vs M/S. Manualsons Trading Company on 13 December, 2006

Kerala High Court
M.A. Ahmed Shafiullah vs M/S. Manualsons Trading Company on 13 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3932 of 2006(B)


1. M.A. AHMED SHAFIULLAH, S/O.ABDUL LATIFF,
                      ...  Petitioner

                        Vs



1. M/S. MANUALSONS TRADING COMPANY,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.S.NIRMAL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :13/12/2006

 O R D E R
                                    K. HEMA, J.

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                          Crl.R.P.  No.3932 of 2006

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                 Dated this 13th day of December, 2006.


                                       ORDER

This revision arises from the conviction and sentence passed

against the revision petitioner under section 138 of the Negotiable

Instruments Act, 1881. The trial court found him guilty of the

offence and convicted and sentenced him for the said offence. The

appellate court also confirmed the conviction and sentence.

2. At the time of hearing, learned counsel for both sides

submitted that petition as Crl.M.A.No.12825/2006 is filed for

compounding the offence. 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. It is submitted by both

sides that amount is already paid by the petitioner to the respondent-

complainant and the matter is settled out of court amicably between

the parties. Hence, permission is granted to compound the offence

under section 138 of the Negotiable Instruments Act.

3. It is submitted by both sides that Rs.10,000/- was deposited

by the revision petitioner before the court below and the said amount

can be ordered to be released to the complainant-1strespondent.

Hence, the court below is directed to release Rs.10,000/- in deposit

to the complainant-first respondent.

Crl.R.P.3932/06 2

In the result, the Revision Petitioner is acquitted of offence

under section 138 of the Negotiable Instruments Act, as

compounded. He is set at liberty forthwith.

Crl. M.A.No.12825/2006 and Revision Petition are allowed.

Krs.                                                        K. HEMA, JUDGE.