IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3640 of 2008()
1. STANLY K.PAULOSE, S/O.PAULOSE, AGED 39,
... Petitioner
Vs
1. BIJU MATTATHIL, AGED 29 YEARS,
... Respondent
2. STATE OF KERALA, REP. BY ITS PUBLIC
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :12/11/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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CRL.R.P. NO. 3640 OF 2008
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Dated this the 12th day of November, 2008
O R D E R
Revision petitioner is the accused and first respondent
the complainant in S.T.217 of 2006 on the file of Judicial First
Class Magistrate, Thamarassery. Petitioner was convicted and
sentenced for the offence under section 138 of Negotiable
Instruments Act. Petitioner challenged the conviction before
Sessions Court, Kozhikode in Crl.Appeal 758 of 2007. The
appeal was filed with a petition to condone the delay. Though
petitioner was directed to deposit an amount to condone the
delay, it was not deposited and consequently the application was
dismissed. Consequently the appeal was also dismissed.
Revision is filed challenging the same. Along with the revision,
revision petitioner produced a receipt issued by the first
respondent for payment of the amount covered by the
dishonoured cheque.
2. Crl.M.A.11088 of 2008 is filed to receive the
compromise petition entered into by first respondent and
revision petitioner stating that they have settled the dispute and
CRRP3640/08 2
first respondent has received the entire amount due under the
cheque and therefore first respondent has no objection for
allowing the revision. Learned counsel appearing for first
respondent also submitted that the matter has been settled and
first respondent has compounded the offence with the revision
petitioner. Hence the permission is granted to compound the
offence. Offence is compounded.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-