IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1442 of 2006()
1. M.V.MURSHID AHAMMED, S/O. AHAMMEDKOYA,
... Petitioner
Vs
1. K.V.ABDUL AZEEZ, S/O. HYDORSS,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :15/12/2006
O R D E R
K. HEMA, J.
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CRL. R.P. NO. 1442 OF 2006
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Dated this the 15th day of December, 2006.
O R D E R
The revision petitioner is the accused in S.T. No. 530 of 2004 on the
file of Special Judicial Magistrate of First Class (Marad Cases), Kozhikode.
First respondent is the complainant therein. Revision petitioner was
convicted under Section 138 of the Negotiable Instruments Act and
sentenced to undergo simple imprisonment for six months and to pay
Rs. 6,75,000/- as compensation to the complainant and in default to undergo
simple imprisonment for two months. In appeal filed by him, the conviction
and direction for payment of compensation were confirmed, but sentence
was modified by the Sessions Court, Kozhikode. This revision arises from the
said conviction and sentence.
2. At the time of hearing, both sides submitted that a petition as
Crl. M.A. No. 12801 of 2006 is filed for compounding the offence. It is also
submitted by both sides that the matter is settled out of court amicably
between the parties and the amount involved is also paid by the petitioner to
the satisfaction of the first respondent.
3. Learned counsel appearing for the revision petitioner submitted
that the petitioner had deposited Rs. 20,000/- before the trial court during
the pendency of the proceedings and a request is made that it may be
returned to the first respondent-complainant. Both sides agreed that an
order can be passed accordingly. Hence, the trial court is directed to release
CRL. R.P. 1442/2006 2
Rs. 20,000/- in deposit in this case to the first respondent-complainant.
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. 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.12801 of 2006 and revision petition are allowed.
K. HEMA, JUDGE.
smp