Kerala High Court
H.Muhammed Kunju (Babu) vs Jacob K.Thomas on 4 May, 2010
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 965 of 2010()
1. H.MUHAMMED KUNJU (BABU)
... Petitioner
Vs
1. JACOB K.THOMAS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.DINESH
For Respondent :SRI.K.RAJESH KANNAN
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :04/05/2010
O R D E R
THOMAS P.JOSEPH, J.
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CRL. R.P. No.965 of 2010
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Dated this the 4th day of May, 2010
O R D E R
This revision is in challenge of order dated 05.03.2010 of learned Sessions Judge, Kollam in Crl. M.P. No.326 of 2010 refusing to condone delay in filing the appeal in challenge of conviction and sentence imposed on the petitioner in C.C. No.69 of 2004 of the court of learned Judicial First Class Magistrate-II, Punalur for offence punishable under Section 138 of the Negotiable Instruments Act (for short, "the Act").
2. Petitioner and respondent No.1 filed Crl.M.A No.4414 of 2010 reporting settlement and seeking permission to compound the offence.
3. It is seen from application No.4414 of 2010 that parties have settled the dispute out of court. There is no reason to think that the composition is not voluntary. Offence under Section 138 of the Act is made compoundable under Section 147 of the Act. Hence CRL. R.P. No.965 of 2010 -: 2 :- permission is granted and Crl.M.A. No.4414 of 2010 is allowed. The composition entered between petitioner and respondent No.1 is accepted and that shall have the effect of acquittal of petitioner under Section 320(8) of Code of Criminal Procedure.
Criminal Revision Petition is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
vsv