LAWS(KER)-2006-11-311

C C JOHN Vs. STATE OF KERALA

Decided On November 29, 2006
C.C.JOHN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner has been held guilty under Section 138 of the Negotiable Instruments Act, 1881, hereinafter referred to as 'Act of 1881', and sentenced to undergo rigorous imprisonment for six months vide order dated 22nd March, 1994 passed by the Judicial First Class Magistrate-I, Kanjirappally. THE appeal carried against the order aforesaid was dismissed by the learned Additional Sessions Judge, Kottayam vide order dated 25th January, 1999. It is against these two orders that the present revision has been filed.

(2.) DURING the pendency of this revision, a compounding petition under Section 147 of the Act of 1881 read with Section 320 of the Code of Criminal Procedure has been filed jointly by the revision petitioner/accused and 2nd respondent/complainant. It has inter alia been pleaded in the application aforesaid that the dispute between the revision petitioner/accused and the 2nd respondent/complainant has been settled out of Court and the 2nd respondent has no grievance or complaint against the revision petitioner and the entire money transaction has already been settled. In view of the compromise arrived at between the parties, the impugned orders are set aside and the revision is allowed. Crl.M.Appln.No.12079 of 2006 shall stand recorded.