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S. RADHAKRISHNAN versus SHERLY JOHN

High Court of Kerala

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S. RADHAKRISHNAN v. SHERLY JOHN - Crl Rev Pet No. 3627 of 2006 [2006] RD-KL 1165 (16 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3627 of 2006()

1. S.RADHAKRISHNAN
... Petitioner

Vs

1. SHERLY JOHN
... Respondent

For Petitioner :SRI.P.SREEKUMAR

For Respondent :SRI.SADER E.REAZ

The Hon'ble MR. Justice R.BASANT

Dated :16/10/2006

O R D E R

R. BASANT, J.


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Crl.R.P.No. 3627 of 2006
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Dated this the 16th day of October, 2006

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, it is submitted at the Bar by counsel for the rival contestants that the matter has been settled and the offence has been compounded by the complainant. A joint compromise petition duly signed by the rival contestants and counter signed by their respective counsel is also filed. The learned counsel for the respondent/complainant vouches that the signature appearing in the application for composition is that 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 joint statement filed by Crl.R.P.No. 3627 of 2006 2 them, that the parties have settled their dispute amicably. I find no reason not to accept the composition.

4. In the result:

(a) Crl.M.A.No. 10357 of 2006 is allowed and the composition 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 bail bond executed by the accused shall stand discharged and he is set at liberty.

5. It is said that an amount of Rs.15,000/- is in deposit before the trial court. The counsel pray that the said amount may be released to the accused/petitioner herein. Request accepted. The amount, if any, deposited shall be released to the accused/petitioner herein. (R. BASANT) Crl.R.P.No. 3627 of 2006 3 Judge tm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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