IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 157 of 2001()
1. RIYASUDHEEN
... Petitioner
Vs
1. P.K.XAVIER
... Respondent
For Petitioner :SRI.JOSEPH SEBASTIAN PURAYIDAM
For Respondent :SRI.P.SAMSUDIN
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :14/12/2009
O R D E R
P.Q. BARKATH ALI, J.
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CRL.R.P. 157 of 2001
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Dated: DECEMBER 14, 2009
ORDER
The accused in S.T.No.2268/1998 of Judicial First Class
Magistrate Court, Nilambur, who is the appellant in Crl.A.No.220/2000
of Sessions Court, Manjeri, is the revision petitioner. He was
convicted for the offence punishable under sec.138 of the Negotiable
Instruments Act and is sentenced to undergo simple imprisonment for
three months and also to pay a fine of Rs.5000/-, in default to undergo
simple imprisonment for one month by the trial court. The fine
amount, if realised, was ordered to be given to the complainant as
compensation, which is confirmed in appeal.
2. When the revision petition came up for hearing today, both the
parties filed a joint petition, Crl.M.Appln. No.12282/2009, seeking
permission to compound the offence, which was allowed by me and
the offence is compounded.
As the offence is compounded, the revision petition is allowed.
The conviction and sentence of the revision petitioner rendered by the
trial court which is confirmed in appeal are set aside. He is acquitted
under sec.320 of Cr.P.C. His bail bonds are cancelled.
CRL.M.P.657 of 2001
Dismissed.
P.Q. BARKATH ALI, JUDGE
mt/-