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Suresh Kumar vs Gopinathan Pillai on 17 November, 2006

Kerala High Court
Suresh Kumar vs Gopinathan Pillai on 17 November, 2006
       

  

  

 
 
  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

csl

2

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