Rahim Ahammed vs A.Anzar on 2 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3383 of 2009()


1. RAHIM AHAMMED, S/O.AHAMMED KUNJU,
                      ...  Petitioner

                        Vs



1. A.ANZAR, S/O.ASANARU PILLAI,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.D.KISHORE

                For Respondent  :SRI.C.K.RAFEEK

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :02/11/2009

 O R D E R
                    P.S.GOPINATHAN, J.

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                  Crl.R.P.No.3383 of 2009.
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         Dated this the 2nd day of November, 2009.

                        O R D E R

The revision petitioner is the accused in

ST.No.1583/2003 on the file of the Judicial Magistrate of the

First Class-III, Thiruvananthapuram. The first respondent

prosecuted the revision petitioner alleging offence under

Section 138 of the Negotiable Instruments Act. The learned

Magistrate, after due trial, arrived a conclusion of guilt.

Consequently, the revision petitioner was convicted and

sentenced to simple imprisonment for one year and directed

to pay Rs.60,000/- as compensation to the first respondent

under Sec.357(3) of the Criminal Procedure Code. In

Criminal Appeal No.841/2006 the Addl.Sessions Judge, Fast

Track-I, Thiruvananthapuram confirmed the conviction. The

substantive sentence was reduced to simple imprisonment

for three months. Assailing the legality, correctness and

propriety of the above conviction and sentence as reduced

Crl.R.P.No.3383 of 2009.

-: 2 :-

in appeal, this revision petition was filed.

2. The revision petitioner and the first respondent

now settled the matter out of court and filed

Crl.M.A.No.10619/2009 seeking order to compound the

offence. Having heard either side, I find no reason to reject

the petition. Hence Crl.M.A.No.10619/2009 is recorded and

the revision petitioner is acquitted under Sec.147 of the

Negotiable Instruments Act read with Sec.320(8) of the

Code of Criminal Procedure and set at liberty.

Criminal Revision Petition is disposed as above.

P.S.GOPINATHAN, JUDGE.

Kvs/-