IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 154 of 2003()
1. VIJAYAKUMARAN S/O. RAMAKRISHNAN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :SRI.H.BADARUDDIN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :04/11/2009
O R D E R
P.S. GOPINATHAN, J.
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Crl.R.P.No. 154 of 2003
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Dated this the 4th day of November, 2009
O R D E R
1. Revision petitioner was convicted by the Judicial
First Class Magistrate, Chittur in S.T. No.5976/1998 for
offence under Section 138 of the Negotiable Instruments
Act and sentenced to undergo simple imprisonment for six
months and to pay a fine of Rs.2,000/-. Aggrieved by the
above conviction and sentence, Criminal Appeal
No.178/1999 was filed before the Sessions Judge, Palakkad.
The appeal was allowed in part. Conviction was confirmed.
The substantive sentence was reduced to simple
imprisonment for three months.
2. Assailing the legality, correctness and propriety
of the above conviction and sentence as reduced in appeal,
this revision petition was filed.
3. The revision petitioner along with the 1st
respondent settled the matter out of court and jointly filed a
petition as Crl.M.Appl.No.10396/2009 seeking permission
Crl.R.P.No. 154 of 2003
2
for compounding the offence. Having heard either side, I
find no reason to reject the petition. In the above
circumstances, the petition Crl.M.Appl. No.10396/2009 is
recorded and the revision petitioner is acquitted under
Section 147 of the Negotiable Instruments Act and r/w
Section 320 (8) of the Code of Criminal Procedure and is set
at liberty. The amount, if any, deposited by the revision
petitioner before the trial court shall be refunded to him.
P.S. GOPINATHAN,
JUDGE
shg/