K.K. PRASAD versus K.V. PRAMOD KUMAR

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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K.K. PRASAD v. K.V. PRAMOD KUMAR - Crl Rev Pet No. 3023 of 2006 [2006] RD-KL 643 (31 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3023 of 2006()

1. K.K.PRASAD
... Petitioner

Vs

1. K.V.PRAMOD KUMAR
... Respondent

For Petitioner :SRI.M.B.PRAJITH

For Respondent :SRI.BIJU JOSEPH

The Hon'ble MR. Justice R.BASANT

Dated :31/08/2006

O R D E R

R. BASANT, J.

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Crl.R.P.No. 3023 of 2006
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Dated this the 31st day of August, 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. 3023 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. 8701 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 

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