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M.P. SREEDHARAN versus RAFEEQUE K.K.

High Court of Kerala

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M.P. SREEDHARAN v. RAFEEQUE K.K. - Crl Rev Pet No. 3473 of 2006 [2006] RD-KL 984 (5 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3473 of 2006()

1. M.P. SREEDHARAN, S/O. ACHUTHAN,
... Petitioner

Vs

1. RAFEEQUE K.K., S/O. MOOSA,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.P.K.SURESH KUMAR

For Respondent :SRI.SANTHEEP ANKARATH

The Hon'ble MR. Justice R.BASANT

Dated :05/10/2006

O R D E R

R.BASANT, J.

Crl.R.P.NO.3473 OF 2003

Dated this the 5th day of October, 2006.

ORDER

This Revision Petition is directed against a concurrent verdict of guilty, conviction and sentence imposed on the petitioner in a prosecution under Section 138 of the Negotiable Instruments Act. The respondent has also entered appearance through counsel.

2. When this revision petition came up for hearing, the learned counsel for the petitioner and the respondent have submitted that the matter has been settled amicably between the parties. They have filed a joint application for composition duly signed by the rival contestants and counter signed by the respective counsel. 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 punishable under Section 138 of the N.I Act is now compoundable after amendment to the N.I Act. I am satisfied, from the submissions made by the counsel as also the joint statement filed by them, that the parties have settled their dispute amicably. I find no reason not to accept the composition. Crl.R.P.NO.3473 OF 2006 The composition can now be accepted and granted requisite leave under Section 320(6) Cr.P.C.

4. In the result:

i) Crl.M.A.No.9920 of 2006 is allowed and the composition is accepted after granting the requisite leave; ii) 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 Sec.320(8) of the Cr.P.C; iii) This revision petition is accordingly allowed. The impugned judgments are set aside. The bail bond executed by the accused shall stand discharged and he is set at liberty.

5. It is submitted that an amount of Rs.5,000/- is lying in deposit before the trial court. Parties agree and it is directed that the said amount, if available, shall be released to the accused, ie. the revision petitioner herein. R.BASANT

JUDGE

rtr/


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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