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BEENY THOMAS versus STATE OF KERALA

High Court of Kerala

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BEENY THOMAS v. STATE OF KERALA - Crl Rev Pet No. 4242 of 2006 [2006] RD-KL 2280 (1 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 4242 of 2006()

1. BEENY THOMAS, S/O.THOMAS,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. RINCE SEBASTIAN,

For Petitioner :SRI.GEORGE MATHEW

For Respondent :SRI.V.K.PEERMOHAMED KHAN

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

Dated :01/12/2006

O R D E R

K.T. SANKARAN, J.

CRL.R.P.NO. 4242 OF 2006

Dated this the 1st day of December,2006

O R D E R

The petitioner was found guilty for the offence under Section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for four months and to pay a compensation of Rs.Two lakhs to the complainant under Section 357(3) of the Code of Criminal Procedure and in default of payment of compensation, to undergo simple imprisonment for two months. The petitioner challenged the conviction and sentence in appeal. The Appellate Court confirmed the conviction, but modified the sentence of imprisonment as imprisonment till rising of the Court. The direction to pay compensation was confirmed. However, the default sentence was enhanced to three months by the Appellate Court. CRL.R.P. NO.4242 OF 2006

2. Crl.M.Appl.No.12267 of 2006, signed by the complainant as well as the accused, was filed under Section 147 of the Negotiable Instruments Act seeking to compound the offence under Section 138 of the Act. That application was allowed. 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/ CRL.R.P. NO.4242 OF 2006

K.T. SANKARAN, J.

CRL.M.APPL.NO. 12267 OF 2006

Dated this the 1st day of December,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 supported by an affidavit of the revision petitioner/accused, wherein it is stated that the matter has been settled between the parties and atpresent, no amounts are due to the second respondent/complainant. Accordingly, the application is allowed. (K.T.SANKARAN) Judge ahz/ CRL.R.P. NO.4242 OF 2006

K.T.SANKARAN, J.

CRL.M.C.NO. OF

O R D E R

September, 2006


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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