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P.S. VARGHESE versus ANTONY JOHN, S/O. JOHN

High Court of Kerala

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P.S. VARGHESE v. ANTONY JOHN, S/O. JOHN - Crl Rev Pet No. 904 of 2006 [2006] RD-KL 2562 (5 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 904 of 2006()

1. P.S. VARGHESE,
... Petitioner

Vs

1. ANTONY JOHN, S/O. JOHN,
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.G.SUKUMARA MENON

For Respondent :SRI.K.SURESH

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

Dated :05/12/2006

O R D E R

K.T. SANKARAN, J.

................................................................................... CRL. R.P.No. 4327 OF 2006 ...................................................................................

Dated this the 5th December , 2006

O R D E R

The petitioner was convicted for the offence under section 138 of the Negotiable Instruments Act and he was sentenced to undergo simple imprisonment for a period of three months. He was also directed to pay a sum of Rs. 75,000/- as compensation to the complainant under section 357(3) of the Code of Criminal Procedure . The appellate court confirmed the conviction and sentence.

2. The dispute between the parties has been settled and an application for compounding the offence was filed. That application was allowed. In the result, the 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.

lk CRL.R.P. 904 OF 2006 2

K.T. SANKARAN, J.

................................................................................... CRL. M.A. No. 12306 OF 2006 IN CRL. R.P.No. 904 OF 2006 ...................................................................................

Dated this the 5th December , 2006

O R D E R

This application is filed under section 147 of the Negotiable Instruments Act by the revision petitioner/accused and the first respondent/complainant seeking leave to compound the offence under section 138 of the Negotiable Instruments Act. It is stated in the application that the matter is settled between the parties out of court. The application is allowed. K.T. SANKARAN,

JUDGE.

lk

? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+Crl Rev Pet No. 4316 of 2006(Y) #1. HASSAN
... Petitioner

Vs

$1. STATE OF KERALA
... Respondent

! For Petitioner :SRI.SOJAN MICHEAL

For Respondent : No Appearance

*Coram

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

% Dated :05/12/2006

: O R D E R

K.T. SANKARAN, J.

................................................................................... CRL.R.P.No. 4316 of 2006 ...................................................................................

Dated this the 5th December, 2006

O R D E R

The petitioner was found guilty of the offence under section 324 of the Indian Penal Code and he was sentenced by the trial court to undergo simple imprisonment for two years and to pay a fine of Rs. 5,000/-. The petitioner challenged the conviction and sentence in appeal. The appellate court confirmed the conviction, but modified and reduced the sentence to simple imprisonment for six months.

2. An application signed by the petitioner/accused and the defacto complainant as well as their counsel was filed seeking leave to compound the offence invoking the jurisdiction under section 320(6) of the Code of Criminal Procedure . That application was allowed. Accordingly, the Crl. Revision Petition is allowed. The conviction and sentence imposed on the petitioner are set aside. The petitioner is acquitted under section 320(8) of the Code of Criminal Procedure. K.T. SANKARAN,

JUDGE.

lk

K.T. SANKARAN, J.

................................................................................... CRL.M.A. No. 12499 of 2006 ...................................................................................

Dated this the 5th December, 2006

O R D E R

There is a delay of 62 days in filing the revision which is sought to be condoned in this application. The petitioner was sentenced to undergo simple imprisonment for six months for the offence under section 324 of the Indian Penal Code. The petitioner as well as the defacto complainant have filed an application under section 320(6) of the Code of Criminal Procedure seeking leave to compound the offence. In the facts and circumstances of the case , the delay is condoned. Number the Crl. Revision Petition as well as the petition for compounding. K.T. SANKARAN,

JUDGE.

lk

K.T. SANKARAN, J.

................................................................................... CRL. M.A. NO. 12500 OF 2006 IN CRL.R.P.No. 4316 of 2006 ...................................................................................

Dated this the 5th December, 2006

O R D E R

This application is filed seeking leave to compound the offence under section 324 of the Indian Penal Code. The application is signed by the petitioner/ accused as well as the defacto complainant . It is stated in the application that the matter is settled between the parties and that the defacto complainant has no subsisting grievances. It is also submitted that the petitioner may be acquitted . The prosecution case is that the petitioner/ accused voluntarily caused hurt to P.W.1 by hitting him with firewood. In the facts and circumstances of the case, I am inclined to grant leave to compound the offence. The application is therefore allowed. K.T. SANKARAN,

JUDGE.

lk


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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