Revinath vs Rajendran on 9 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 57 of 2008()



1. REVINATH
                      ...  Petitioner

                        Vs

1. RAJENDRAN
                       ...       Respondent

                For Petitioner  :SRI.GEORGE SEBASTIAN

                For Respondent  :SRI.BYJU KURIAKOSE

The Hon'ble MR. Justice R.BASANT

 Dated :09/01/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                       Crl.R.P.No.57 of 2008
                      -------------------------------------
              Dated this the 9th day of January, 2008

                                  ORDER

This Revision Petition is directed against a concurrent

verdict of guilty, conviction and sentence imposed on the

petitioner in a prosecution under Section 138 of the Negotiable

Instruments Act. The respondent has also entered appearance

through counsel.

2. When this revision petition came up for hearing, the

learned counsel for the petitioner and the respondent have

submitted that the matter has been settled amicably between the

parties. They have filed a joint application for composition duly

signed by the rival contestants and counter signed by the

respective counsel. The learned counsel for the

respondent/complainant vouches that the signature appearing in

the application for composition is that of the complainant.

3. The offence punishable under Section 138 of the N.I

Act is now compoundable after amendment to the N.I Act. I am

satisfied, from the submissions made by the counsel as also the

joint statement filed by them, that the parties have settled their

Crl.R.P.No.57 of 2008 2

dispute amicably. I find no reason not to accept the composition.

The composition can now be accepted and granted requisite

leave under Section 320(6) Cr.P.C.

4. In the result:

i) Crl.M.A.No.267of 2008 is allowed and the composition

is accepted after granting the requisite leave;

ii) The acceptance of the composition shall have the

effect of acquittal of the accused of the offence punishable under

Section 138 of the N.I Act as stipulated under Sec.320(8) of the

Cr.P.C;

iii) This revision petition is accordingly allowed. The

impugned judgments are set aside. The bail bond executed by

the accused shall stand discharged and he is set at liberty.

Hand over a copy of this order to the learned counsel for

the petitioner.

(R.BASANT, JUDGE)
jsr