Raveenran Nair v. Radhakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Crl.Rev.Pet.No. 1192 of 2015 () -------------------------------- AGAINST THE JUDGMENT IN CRL.APPEAL 31/2012 of ADDITIONAL SESSIONS JUDGE-VI, KOLLAM, DATED 30-04-2014 AGAINST THE JUDGMENT IN ST 36/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA DATED 30-12-2011 REVISION PETITIONER/APPELLANT/ACCUSED:
-------------------------------------- RAVEENRAN NAIR, AGED 51 YEARS S/O S NARAYANA KURUP, ANJALI BHAVANAM, THOTTUVAMURI, PALLICKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA-690 561 BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SRI.K.S.PRENJITH KUMAR RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
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1. RADHAKRISHNA PILLAI, AGED 61 YEARS S/O KESAVA KURUP, VILAYIL VEEDU, ANAYADI MURI, ANAYADI P.O.
KOLLAM - 690 521.
2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.
R1 BY ADV. SRI.JITHIN LUKOSE R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sm
B.SUDHEENDRA KUMAR, J.
............................................................................. Crl.R.P. No. 1192 of 2015 .................................................................................... Dated this the 25th day of September, 2015
ORDER
Crl.M.A. No. 5318 of 2015 has been filed jointly by the st respondent, who is the complainant petitioner and the 1 before the trial court praying for recording the composition. It is stated that the subject-matter of the dispute has been settled between the parties. The revision petitioner deposited an amount of Rs.1,000/- (Rupees one thousand only) before the Kerala State Legal Services Authority as directed by this Court as per Order dated 25.09.2015 in Crl.M.A.5316 of 2015. 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 just and proper to
Crl.RP.No.1192 of 2015 : 2 :
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.
2.
In the result, this Revision Petition stands allowed acquitting the appellant under section 320(8) Cr.P.C. Sd/- B.SUDHEENDRA KUMAR JUDGE //TRUE COPY// P.A.TO JUDGE sm/