M.M.Mohammed vs Shamsudheen on 14 November, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3961 of 2006()


1. M.M.MOHAMMED, S/O. MEETHIYAN,
                      ...  Petitioner

                        Vs



1. SHAMSUDHEEN, S/O. KOCHU MUHAMMED,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.K.S.ARUN BABU

                For Respondent  :SRI.V.K.VEERAVUNNY

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :14/11/2006

 O R D E R
                             K.T.SANKARAN, J

                    =====================

                         Crl. R.P. No. 3961 OF 2006

                    =====================

              Dated this the 14th day of November, 2006




                                     ORDER

The petitioner was convicted for the offence under Section 138

of the Negotiable Instruments Act and he was sentenced by the trial

court to undergo simple imprisonment for a period of one month.

Petitioner was directed to pay compensation of Rs.20,000/- to the

complainant and in default to undergo simple imprisonment for two

months. The petitioner filed appeal challenging the conviction and

sentence. The appellate court confirmed the conviction and sentence.

2. Crl.M.A. No. 11348/2006 is filed under Section 147 of the

Negotiable Instruments Act, signed by the petitioner/accused and the

first respondent/complainant wherein it is stated that the matter is

settled between the parties and that the first respondent has no

grievance against the petitioner and has no objection in setting aside

the conviction and sentence.

Crl. M. Application No. 11348/2006 is allowed. Conviction and

sentence against the petitioner are set aside.

Crl. R.P. is allowed.

K.T.SANKARAN,

JUDGE

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