IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 120 of 2000()
1. T.D.GEORGE
... Petitioner
Vs
1. P.A.RAJU
... Respondent
For Petitioner :SRI.RAJU JOSEPH
For Respondent :SRI.P.C.HARIDAS
The Hon'ble MR. Justice A.K.BASHEER
Dated :01/04/2008
O R D E R
A.K. Basheer, J.
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Crl.R.P.Nos. 120 & 145/2000
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Dated this the 1st day of April, 2008.
ORDER
These two revision petitions are at the instance of the complainant
and accused respectively in a prosecution under Section 138 of the
Negotiable Instruments Act. While the complainant challenges the
adequacy of sentence imposed on the accused, the latter challenges the
legality and propriety of the order of conviction and sentence.
2. In view of the intervening developments, it is not necessary to
deal with the facts of the case. An application for composition of the
offence under section 147 of the Act has now been filed before this
Court. Sri.Raju Joseph learned counsel for the complainant submits that
he has received Rs.10,000/- from the learned counsel for the accused,
on behalf of his client as instructed, which will, after adjusting the
amount of Rs.5,000/- in deposit before the trial court, wipe off the entire
liability of Rs.15,000/- covered under the cheque in question. The
accused and the learned counsel for the parties have signed in the
application for composition. The accused has agreed that the sum of
Rs.5,000/- which he had deposited before the trial court can be
withdrawn by the complainant.
3. In the above facts and circumstances prayer for composition is
allowed and the accused is acquitted. The court below shall release the
amount of Rs.5,000/- in deposit to the complainant, if a motion is made
in this regard.
Revision Petitions are disposed of as above.
A.K. Basheer
Judge.
an.