IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2266 of 2004()
1. PANKAJAM K.M.,
... Petitioner
Vs
1. SOUTHERN MARKETING ASSOCIATES, THRISSUR,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.K.N.CHANDRABABU
For Respondent :SRI.VARGHESE C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :18/10/2010
O R D E R
P.Q.BARKATH ALI, J.
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Crl.R.P.No.2266 OF 2004
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Dated this the 18th day of October, 2010
ORDER
Revision petitioner is the accused in C.C.No.118/2000 on the file
of Judicial First Class Magistrate I, Thrissur and appellant in
Crl.Appeal No.213/2000 of Sessions Court, Thrissur. He was
convicted under Section 138 of Negotiable Instruments Act and was
sentenced to undergo simple imprisonment for three months and to pay
a compensation of Rs. 75,000/- to the complainant, in default to
undergo simple imprisonment for three months by the Magistrate. On
appeal by the accused, the learned Sessions Judge confirmed his
conviction under Section 138 of Negotiable Instruments Act, but
modified the sentence to imprisonment till the rising of court and to
pay a compensation of Rs. 1,10,000/-, in default to undergo simple
imprisonment for three months. The accused has now come up in
revision challenging his conviction and sentence.
2. When the revision petition came up for hearing today,
learned counsel for the revision petitioner/accused and the counsel for
Crl.R.P.No.2266/2004 2
the revision first respondent/complainant submitted that the matter has
been settled. They have filed a compounding petition –
Crl.M.A.No.8227/2010 which is allowed by me. As the matter has
been settled, the conviction of the revision petitioner under Section
138 of Negotiable Instruments Act entered by the trial court which is
confirmed in appeal and the sentence imposed by the trial court which
is modified by the appellate court are set aside. Revision
petitioner/accused is acquitted under Section 320 Cr.P.C.
Revision petitioner/accused has deposited the entire cheque
amount i.e. Rs.73,687/- before the trial court as a condition precedent
for suspending the sentence imposed against him. The complainant is
entitled to withdraw the same. The bail bonds of the accused are
cancelled.
P.Q.BARKATH ALI
JUDGE
sv.
Crl.R.P.No.2266/2004 3