T.DINESHKUMAR versus SULAIMAN

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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T.DINESHKUMAR v. SULAIMAN - Crl Rev Pet No. 4589 of 2006 [2006] RD-KL 4175 (21 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 4589 of 2006()

1. T.DINESHKUMAR
... Petitioner

Vs

1. SULAIMAN
... Respondent

For Petitioner :SRI.K.SREESAKUMAR

For Respondent :SRI.M.R.ANISON

The Hon'ble MRS. Justice K.HEMA

Dated :21/12/2006

O R D E R

K. HEMA, J.

Crl. R.P. No. 4589 of 2006

Dated this the 21st day of December 2006

O R D E R

Admitted. Adv. M.R. Anison takes notice for first respondent. Public Prosecutor takes notice for second respondent. The revision petitioner is the accused in CC. No. 1360 of 1999 on the file of Judicial First Class Magistrate, Perumbavoor. First respondent is the complainant therein. Revision petitioner was convicted under Section 138 of the Negotiable Instruments Act and sentenced by the Magistrate's Court to undergo simple imprisonment for three months under Section 255(2) of Cr.P.C. and to pay compensation of Rs. 90,000/- to the complainant under Section 357(3) of Cr.P.C. In appeal filed by him, the conviction and sentence were confirmed by the Additional Sessions Court, North Paravur. This revision arises from the said conviction and sentence.

2. At the time of hearing, both sides submitted that a petition as Crl.M.A.No. 13332 of 2006 is filed for compounding the offence. It is also submitted by both sides that the matter is settled out of court amicably between the parties and the amount involved is also paid by the petitioner to the first respondent. On hearing both sides and on going through the averments in the petition, I am satisfied that this is a fit case to grant permission to compound the offence. The revision petitioner is acquitted of offence under Section 138 of the Negotiable Instruments Act, as offence is compounded. He is set at liberty forthwith. Crl.M.A.No.13332 of 2006 and revision petition are allowed.

K. HEMA, JUDGE.

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