High Court Kerala High Court

Paravur Municipality vs The State Of Kerala on 10 December, 2009

Kerala High Court
Paravur Municipality vs The State Of Kerala on 10 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3575 of 2009()


1. PARAVUR MUNICIPALITY,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.B.SURESH KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :10/12/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            CRL.R.P.No. 3575       OF 2009
            ===========================

    Dated this the 13th day of November,2009

                        ORDER

Petitioner was convicted and sentenced for the

offence under section 138 of Negotiable Instruments Act

by the Judicial First Class Magistrate, Aluva in

C.C.1671/2005 filed by the first respondent.

Conviction and sentence were challenged before

Additional Sessions Court, North Paravur in

Crl.A.685/2008. The appeal was partly allowed

confirming the conviction and modifying the sentence.

The revision is filed challenging the conviction and

sentence.

2. In the revision Crl.M.Appl.11234/2009 is

jointly filed by the petitioner accused and first

respondent stating that the entire disputes were

settled and first respondent has received the amount

covered by the dishonoured cheque and in such

circumstance the case is to be compounded. An offence

under section 138 is compoundable under section 147 of

Negotiable Instruments Act. Hence the revision is

allowed. The offence under section 138 of Negotiable

Instruments Act is compounded.

M.SASIDHARAN NAMBIAR
JUDGE

2

tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006