High Court of KeralaCrl.Rev.Pet/1726/2014allowed

M.J.Devaki v. K.Abdul Azeez

2015-10-27Honourable Mr. Justice B.Sudheendra Kumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937H Crl.Rev.Pet.No. 1726 of 2014 () -------------------------------- AGAINST THE JUDGMENT IN CC 9/2006 of J.M.F.C.,MALAPPURAM DATED 30-10-2010 AGAINST THE JUDGMENT IN CRA 351/2010 of ADDL SESSIONS COURT - II, MANJERI DATED 17-07-2014 REVISION PETITIONER(S)/REVISION PETITIONER/APPELLANT.ACCUSED:

---------------------------- M.J.DEVAKI AGED 60 YEARS W/O.RAJAN, VYSHAK HOUSE, KARIMBA P.O MANNARKAD TALUK BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S)/RESPONDENTSB/RESPONDENTS/COMPLAINANT: ---------------------------------------------------

1. K.ABDUL AZEEZ, AGED 51 YEARS S/O.MOIDUNNY HAJI, KUZHIKKATTIL HOUSE, VELLILA P.O MANKADA, MALAPPURAM 676 505

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031 R1 BY ADV. SRI.K.A.SALIL NARAYANAN R2 BY PUBLIC PROSECUTOR SRI. R. GITHESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 27-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.SUDHEENDRA KUMAR, J.

........................................................ Crl.R.P. No. 1726 of 2014 ............................................................ Dated this the 27th day of October, 2015

ORDER

Crl.M.A. No. 4842 of 2015 has been filed jointly by the st respondent herein, who is the revision petitioner and the 1 complainant before the court below praying for granting permission to compound the offence. 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. This Court dispensed with the deposit of money, as a condition precedent to compound the offence, as per order dated 27-10-2015 in Crl.M.A. No. 6013 of 2015.

2. Since the matter has been settled between the parties, I am of the view that it is only just and proper to permit the parties to compound the offence. Accordingly, permission

Crl.R.P. No. 1726 of 2014 : 2 :

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 revision petitioner under section 320(8) Cr.P.C. B.SUDHEENDRA KUMAR JUDGE ani/