IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2653 of 2003(C)
1. V.M.THOMAS ALIAS RAJU, S/O. MATHAI,
... Petitioner
Vs
1. SHRI A.V.BABY, S/O. VARGHESE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.T.K.VENUGOPALAN
For Respondent :SRI.M.M.MATHEW
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :04/11/2009
O R D E R
P.Q.BARKATH ALI, J.
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Crl.R.P. No. 2653 of 2003
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Dated this the 4th day of November, 2009
O R D E R
Revision petitioner is the accused in C.C. No.121 of
1998 on the file of the Judicial Magistrate of the First Class-I,
Aluva and the appellant in Crl.A. No.752 of 2001 on the file of the
Addl. Sessions Court, N. Paravur. He was convicted for the
offence punishable under sec.138 of the Negotiable Instruments
Act and sentenced to undergo simple imprisonment for six
months and to pay a fine of Rs.5,000/-, in default to undergo
simple imprisonment for 30 days and to pay a sum of
Rs.40,000/- as compensation to the complainant by the trial
court. On appeal by the accused, the lower appellate court
confirmed his conviction and modified the sentence to undergo
simple imprisonment for six months and to pay a compensation
of Rs.40,000/- to the complainant. The accused has come up in
revision challenging his conviction and sentence.
2. Now the revision petitioner/accused and the 1st
respondent/complainant filed a joint petition Crl.M.A.No.10769 of
Crl.R.P. 2653/03 2
2009 seeking permission to compound the offence. This
application is allowed and the offence is compounded.
3. In the result, as the offence is compounded, the revision
petition is allowed. The conviction and sentence of the revision
petitioner by the trial, court which was confirmed in appeal by the
lower appellate court are set aside and the revision
petitioner/accused is acquitted under section 320 Cr.P.C.. His
bail bonds are cancelled.
P.Q. BARKATH ALI, JUDGE
mn
Crl.R.P. 2653/03 3
P.Q.BARKATH ALI, JUDGE.
mn.