Varghese Chacko @ Raju vs Varghese Mathew And Another on 12 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 168 of 2007()



1. VARGHESE CHACKO @ RAJU
                      ...  Petitioner

                        Vs

1. VARGHESE MATHEW AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :12/01/2007

 O R D E R
                                 R. BASANT, J.

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                         Crl.R.P.No.  168 of   2007

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                 Dated this the 12th  day of   January, 2007


                                     O R D E R

This revision petition is directed against the concurrent verdict

of guilty, conviction and sentence in a prosecution under Section 138

of the N.I. Act.

2. When this revision petition came up for hearing, the

learned counsel for the respondent/complainant asserts before this

Court and has filed a statement to the effect that the complainant has

compounded the offence and this revision petition can be disposed of

on the basis of the composition. The petitioner is said to be in prison.

I am, in these circumstances, satisfied that such statement can be

accepted without insisting as usual on a signed statement of the

complainant.

3. The offence under Section 138 of the N.I. Act is now

compoundable after the amendment to the N.I. Act. I am satisfied,

from the submissions made at the Bar and the statement filed by the

counsel for the complainant, that the parties have settled their

disputes amicably. I find no reason not to accept the composition.

Crl.R.P.No. 168 of 2007 2

4. In the result:

(a) The statement filed by the counsel for the complainant that the

the complainant has compounded the offence is accepted.

(b) The acceptance of the composition shall have the effect of

acquittal of the accused of the offence punishable under Section 138 of the

N.I. Act as stipulated under Section 320(8) Cr.P.C.

) Consequently, this revision petition is allowed. The impugned

judgments are set aside. The petitioner is said to be in custody undergoing

the impugned sentence. He shall forthwith be released from custody, if his

detention is not required in connection with any other case.

5. Hand over a copy of this order to the learned counsel for the

petitioner.

(R. BASANT)

Judge

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