IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2569 of 2009()
1. THOMAS KUNNEL,AGED 43, S/O.MATHEW
... Petitioner
Vs
1. STATE OF KERALA, REP BY
... Respondent
2. SHRI.K.C.JAMES,S/O.CHACKO
For Petitioner :SRI.PRAVEEN K. JOY
For Respondent :SRI.ADEEP ANWAR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :10/08/2009
O R D E R
THOMAS P.JOSEPH, J.
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CRL. R.P. NO.2569 of 2009
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Dated this the 10th day of August, 2009
O R D E R
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This revision is in challenge of judgment of learned
Additional Sessions Judge (Adhoc-II), in Crl. Appeal No.433 of 2005
confirming conviction but modifying sentence of petitioner for
offence punishable under Section 138 of the Negotiable Instruments
Act (for short, “the Act”).
2. Petitioner and respondent No.2 filed Crl.M.A No.7833 of
2009 reporting settlement and seeking permission to compound the
offence.
3. It is seen from application No.7833 of 2009 that parties
have settled the dispute out of court. There is no reason to think that
the composition is not voluntary. Offence under Section 138 of the Act
is made compoundable under Section 147 of the Act. Hence
permission is granted and Crl.M.A. No.7833 of 2009 is allowed. The
composition entered between petitioner and respondent No.2 is
accepted and that shall have the effect of acquittal of the petitioner
under Section 320(8) of Code of Criminal Procedure.
Criminal Revision Petition is disposed of as above.
THOMAS P.JOSEPH, JUDGE.
vsv
