MANOJ K. BABU versus STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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MANOJ K. BABU v. STATE OF KERALA - Crl Rev Pet No. 2474 of 2005 [2006] RD-KL 2015 (28 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2474 of 2005()

1. MANOJ.K.BABU,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. T.PRASANNAN PILLAI,

For Petitioner :SRI.V.PHILIP MATHEW

For Respondent :SRI.S.MUHAMMED HANEEFF

The Hon'ble MR. Justice K.T.SANKARAN

Dated :28/11/2006

O R D E R

K.T. SANKARAN, J.

CRL.R.P.NO. 2474 OF 2005

Dated this the 28th day of November,2006

O R D E R

The accused was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to pay fine of Rs.80,000/- and in default, to undergo simple imprisonment for thirty days. The trial court directed that the fine amount, if recovered shall be paid as compensation to the complainant under Section 357 (1) of the Code of Criminal Procedure. On appeal, the Appellate Court confirmed the conviction and sentence and dismissed the appeal.

2. Crl.M.A.No.11965 of 2006, signed by the complainant and the accused and their counsel, was filed seeking to compound the offence and that application was allowed.  CRL.R.P. NO 2474 OF 2005. Accordingly, the Criminal Revision Petition is allowed, the conviction and sentence imposed on the petitioner are set aside and the petitioner is acquitted under Section 320(8) of the Code of Criminal Procedure. (K.T.SANKARAN) Judge ahz/ 

K.T.SANKARAN, J.

CRL.M.C.NO. OF

O R D E R

September, 2006  CRL.R.P. NO 2474 OF 2005.

K.T. SANKARAN, J.

CRL.M.A.NO. 11965 OF 2006

Dated this the 28th day of November,2006

O R D E R

This is an application under Section 147 of the Negotiable Instruments Act seeking to compound the offence under Section 138 of the Act. The application is signed by the complainant and the accused and their counsel. It is stated in the application that the dispute between the complainant and the accused has been settled. Hence the application is allowed. (K.T.SANKARAN) Judge ahz/  CRL.R.P. NO 2474 OF 2005. 

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