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NARAYANAN NAIR versus SUSEEL S. KUNNUMMAL

High Court of Kerala

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NARAYANAN NAIR v. SUSEEL S. KUNNUMMAL - Crl Rev Pet No. 3090 of 2004 [2006] RD-KL 264 (17 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3090 of 2004()

1. NARAYANAN NAIR, S/O.GOVINDANKUTTY NAIR
... Petitioner

Vs

1. SUSEEL.S.KUNNUMMAL, S/O.P.GOVINDAN,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SMT.LATHA PRABHAKARAN

For Respondent :SMT.RESHMI POULOSE

The Hon'ble MR. Justice R.BASANT

Dated :17/07/2006

O R D E R

R. BASANT, J.


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Crl.R.P.No. 3090 of 2004
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Dated this the 17th day of July, 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 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. 6863 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 petitioner is said to be in custody undergoing the impugned sentence. He shall forthwith be released from custody, if his detention is not required in connection with any other case. Issue copy today itself. (R. BASANT) 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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