Thomas Antony v. Bitty Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Crl.Rev.Pet.No. 1135 of 2015 () -------------------------------- AGAINST THE JUDGMENT IN CRL.APPEAL 482/2004 of ADDL.SESSIONS COURT (ADHOC)-I, KOTTAYAM DATED 08-07-2005 AGAINST THE JUDGMENT IN CC 947/2002 of J.M.F.C.-II(MOBILE),KOTTAYAM DATED 01-07-2004 RREVISION PETITIONER/APPELLANT/ACCUSED:
-------------------------------------- THOMAS ANTONY KOCHUMATTOM HOUSE, KOTTAMURI P.O., CHANGANACHERRY KOTTAYAM DISTRICT.
BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE: ---------------------------------------------
1. BITTY JOSEPH PROPRIETOR, JOJO ELECTRONICS, CHANGANACHERRY KOTTAYAM DISTRICT-686001.
2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.R.RAJESH R2 BY PUBLIC PROSECUTOR SRI. S.V.SREEJITH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sm
B.SUDHEENDRA KUMAR, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No. 1135 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of September, 2015
ORDER
Crl.M.A. No. 5064 of 2015 has been filed jointly by the revision petitioner and the 1st respondent, who is the complainant before the trial court praying for granting permission to compound the offence. It is stated that the subject-matter of the dispute has been settled between the parties. As per the direction of this Court, the revision petitioner deposited an amount of Rs.1,000/- (Rupees one thousand only) before the Kerala State Legal Services Authority, as a condition precedent to compound the offence as held by the Apex Court in Damodar S. Prabhu v. Sayed Babalal [2010 (2) KLT (SC)] . The offence under Section 138 of the Negotiable Instruments Act, 1881 ("the N.I.Act for short) is compoundable under Section 147 of the N.I Act. Since the matter has been settled between the parties, I am of the view that it is only
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just and proper to permit the parties to compound the offence. Accordingly, permission stands granted and the composition stands recorded, which is having the effect of acquittal under section 320 (8) of Cr.P.C.
In the result, this Revision Petition stands allowed acquitting the revision petitioner under section 320(8) Cr.P.C.
Sd/- B.SUDHEENDRA KUMAR JUDGE //TRUE COPY// P.A.TO JUDGE sm