IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl Rev Pet No. 4000 of 2006() 1. SURESH KUMAR, RAJESH MANDIRAM, ... Petitioner Vs 1. GOPINATHAN PILLAI, RAVI NILAYAM, ... Respondent 2. STATE OF KERALA, REPRESENTED BY THE For Petitioner :SRI. K.SIJU For Respondent :SRI.PRATHEESH.P The Hon'ble MR. Justice K.T.SANKARAN Dated :17/11/2006 O R D E R K.T.SANKARAN, J ------------------------------------------------- Crl. R.P. No. 4000 OF 2006 --------------------------------------------------- Dated this the 17th day of November, 2006 ORDER
The petitioner was convicted for the offence under Section 138
of the Negotiable Instruments Act and was sentenced by the trial
court to undergo simple imprisonment for a period of six months and
to pay a compensation of Rs. 50,000/- to the complainant under
Section 357(3) of the Code of Criminal Procedure. The petitioner
challenged the conviction and sentence in appeal. The appellate court
confirmed the conviction and sentence.
A petition for compounding the offence, under Section 147 of
the Negotiable Instruments Act, is filed as Crl. M.A. No. 11516/2006
which is signed by the complainant and the accused and their counsel.
The counsel for the first respondent/complainant has also appeared
before this court. It is stated in the compounding petition that a sum
of Rs.50,000/- was paid to the complainant and the matter was settled
between the parties. The petition for compounding is allowed and the
conviction and sentence against the petitioner are set aside and he is
acquitted under Section 320(8) of the Code of Criminal Procedure.
K.T.SANKARAN,
JUDGE
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