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S. SURESH versus ROOP KUMAR

High Court of Kerala

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S. SURESH v. ROOP KUMAR - Crl Rev Pet No. 3652 of 2006 [2006] RD-KL 1220 (17 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3652 of 2006()

1. S.SURESH, S/O. SREEDHARAN,
... Petitioner

Vs

1. ROOP KUMAR,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.R.MANOJ

For Respondent :SMT.MEREENA JOSEPH

The Hon'ble MR. Justice R.BASANT

Dated :17/10/2006

O R D E R

R. BASANT, J.

CRL.R.P.NO.3652 OF 2006

Dated this the 17th day of October, 2006

ORDER

This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I. Act and Sec.420 of the IPC.

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 offences have 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 Sec.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 them, that the parties have settled their dispute amicably. I find no reason not to accept the composition. CRL.R.P.NO.3652 OF 2006 -: 2 :-

4. In the result:

(a) Crl.M.A.No.10440 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 offences punishable under Sec.138 of the N.I. Act and Sec.420 of the IPC as stipulated under Sec.320(8) of the Cr.P.C.

(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. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


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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