Over 2 lakh Indian cases. Search powered by Google!

Case Details

NIRMALA versus UNNIKRISHNAN

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


NIRMALA v. UNNIKRISHNAN - Crl Rev Pet No. 2193 of 2006 [2006] RD-KL 55 (3 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2193 of 2006()

1. NIRMALA, D/O. SANKARAN,
... Petitioner

Vs

1. UNNIKRISHNAN, S/O. KESAVAN NAIR,
... Respondent

2. THE STATE OF KERALA,

For Petitioner :SRI.S.SANTHOSH KUMAR

For Respondent :SRI.S.VINODKUMAR

The Hon'ble MR. Justice R.BASANT

Dated :03/07/2006

O R D E R

R. BASANT, J.


- - - - - - - - - - - - - - - - - - - -
Crl.R.P.No. 2193 of 2006
- - - - - - - - - - - - - - - - - - - -

Dated this the 3rd day of June, 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 Crl.R.P.No. 2193 of 2006 2 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. 6323 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 bail bond executed by the accused shall stand discharged and he is set at liberty. (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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.