IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3385 of 2004(C)
1. M.M. ANTONY, AGED 47 YEARS,
... Petitioner
Vs
1. THOMAS. C. GEORGE, AGED 44 YEARS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.MAURICE VINCENT
For Respondent :SRI.V.V.NANDAGOPAL NAMBIAR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :06/10/2009
O R D E R
P.S.Gopinathan, J.
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Crl.R.P.3385 of 2004
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Dated this the 6th day of October, 2009.
ORDER
1.The revision petitioner, who is the accused in
C.C.No.550 of 1996 on the file of the Judicial
Magistrate of the First Class, Thiruvalla was
prosecuted by the first respondent alleging
offence under Section 138 of the Negotiable
Instruments Act. The trial court found him
guilty. Accordingly, he was convicted and
sentenced to rigorous imprisonment for six months
under Section 138 of the Negotiable Instruments
Act. In appeal, the learned Sessions Judge,
Adhoc, Fast Track Court-II, Pathanamthitta
confirmed the conviction but reduced the sentence
to a fine of Rs.70,000/- with default clause to
undergo simple imprisonment for two months. Out
of the fine amount, if realised, Rs.65,000/- was
ordered to be given to the first respondent as
CRRP3385/09 -:2:-
compensation under Section 357(1) of the Cr.P.C.
Now this revision, assailing the legality and
correctness of the above conviction and sentence
as modified in appeal.
2.Revision petitioner along with the first
respondent now filed a petition as Crl.M.A.9394
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.
sl.