Anilkumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 Crl.Rev.Pet.No. 1732 of 2015 () -------------------------------- Crl.A 190/2013 of ADDL.SESSIONS COURT-1,KOTTAYAM ST 82/2012 of J.M.F.C - II, CHENGANACHERRY REVISION PETITIONER(S):
-------------------------------------------- ANILKUMAR, S/O.PEETHAMBARAN PILLAI KUNNEL PUTHENPURAKKAL CHOZHIYAKKADU KARA PANACHIKKADU VILLAGE, KOTTAYAM DISTRICT.
BY ADVS.SRI.SUNIL CYRIAC SMT.MABLE.C.KURIAN RESPONDENTS:
---------------------------- 1.
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PIN 682 031 2.
T.P.MADHAVAN, S/O.KRISHNANKUTTY KOCHUPARAMBIL, PAPPANCHIRA PO KURICHY VILLAGE, KOTTAYAM DISTRICT.
R2 BY ADV. SRI.R.SUDHEER R1 BY PUBLIC PROSECUTOR, SHRI.R.GITHESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - Crl.R.P.No..1732 of 2015 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of December 2015
O R D E R
Crl.M.A. No.7424 of 2015 has been filed jointly by the revision petitioner and the second respondent herein, who is the complainant before the trial court, praying for granting permission for recording the composition. As directed by this Court, the revision petitioner deposited an amount of Rs.1,000/- 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)].
Crl.R.P..1732./2015 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 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.
sd/- B.SUDHEENDRA KUMAR, JUDGE dl/.21.12..2015 // True Copy // PA to Judge