High Court of KeralaCrl.Rev.Pet/2049/2013allowed

P.P. Philip v. State Of Kerala

2015-09-28Honourable Mr. Justice B.Sudheendra Kumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 Crl.Rev.Pet.No. 2049 of 2013 () ----------------------------- AGAINST THE JUDGMENT IN CRA 217/2010 of ADDL.SESSIONS COURT (ADHOC-I), KOTTAYAM DATED 24-08-2013 AGAINST THE JUDGMENT IN ST 77/2009 of J.M.F.C. - III, KANJIRAPPALLY, DATED 29-04-2010 REVISION PETITIONER(S)/REVISION PETITIONER/APPELLANT/ACCUSED:

----------------------------- P.P. PHILIP S/O PHILIPPOSE, PAIKAYIL HOUSE, KANJIRAPPALLY KARA KANJIRAPPALLY VILLAGE & TALUK.

BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT(S)/RESPONDENTS/RESPONDENTS/COMPLAINANT: --------------------------------------------------

1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. V.J.PETER & SONS KANJIRAPPALLY REPRESENTED BY ITS JOING MANAGING PARTNER SHIBU PETER S/O V.J.PETER, VETTUKALLEL HOUSE, EDANADU KARA VALLICHIRA VILLAGE, MEENACHIL TALUK.

R2 BY ADV. SRI.LIJI.J.VADAKEDOM BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.SUDHEENDRA KUMAR, J.

........................................................ Crl.R.P. No. 2049 of 2013 ............................................................ Dated this the 28th day of September, 2015

ORDER

Crl.M.A. No. 5353 of 2015 has been filed jointly by the nd respondent herein, who is the revision petitioner and the 2 complainant before the trial court praying for recording the composition. As directed by this Court, the revision petitioner deposited an amount of Rs. 1000/- 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 587 (SC)]. Since the offence under Sec. 138 of the N.I.Act is compoundable under Sec. 147 of the N.I.Act, I am of the view that permission can be granted to compound the offence and accordingly, permission stands

Crl.R.P. No. 2049 of 2013 : 2 :

granted and the composition stands recorded which is having the effect of acquittal under Section 320 (8) Cr.P.C.

2. In the result, this Revision Petition stands allowed acquitting the revision petitioner under section 320(8) Cr.P.C. The revision petitioner is entitled to refund of the amount, if any, deposited by him before the court below as directed by this Court.

Sd/- B.SUDHEENDRA KUMAR JUDGE ani/ /true copy/ P.S. to Judge