MUHAMMED KUNHU, AGED 42 YEARS versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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MUHAMMED KUNHU, AGED 42 YEARS v. STATE OF KERALA, REPRESENTED BY - Crl Rev Pet No. 383 of 2007 [2007] RD-KL 2005 (25 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 383 of 2007()

1. MUHAMMED KUNHU, AGED 42 YEARS,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

For Petitioner :SRI.THOMAS M.JACOB

For Respondent :SRI.P.LEAN JOSE

The Hon'ble MRS. Justice K.HEMA

Dated :25/01/2007

O R D E R

K. HEMA, J.

Crl.R.P. No. 383 of 2007

Dated this the 25th day of January, 2007.

ORDER

Revision Petitioner is the accused in C.C.No. 425 of 2004 on the file of the Judicial First Class Magistrate Court-II, Manjeri. Revision petitioner was convicted and sentenced by the Magistrate's Court to undergo rigorous imprisonment for a period of one year under section 420 of the Indian Penal Code and to pay a Rs.1,20,000/- to the defacto complainant (PW1) as compensation under section 357(3) Cr.P.C. In appeal filed by him, the conviction and sentence were confirmed by the Addl. Sessions Court, Manjeri. 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.1160 of 2007 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 is also paid by the petitioner to the satisfaction of the defacto complainant. 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. In the result, 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.1160 of 2007 and Revision Petition are allowed.

K. HEMA, JUDGE.

 Krs. 

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