K VELAYUDHAN Vs. P POKER

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 simple imprisonment for three months vide order dated 17th June, 1995 passed by the Chief Judicial Magistrate, Kozhikode. The appeal carried against the order aforesaid was dismissed by the learned Additional Sessions Judge, Kozhikode vide order dated 29th August, 1997. It is against these two orders that the revision petition has been filed. Crl.R.C.No.27 of 1997 has been suo motu registered by this Court and notice was issued to the accused to show cause why the sentence should not be enhanced.

(2.) During the pendency of these matters, a compounding petition has been jointly filed by the parties in Crl.R.P.No.937 of 1997 under Section 320 of the Code of Criminal Procedure read with Section 147 of the Act of 1881. It has, inter alia, been pleaded in the application aforesaid that the dispute between the revision petitioner/accused and the first respondent/complainant has been settled out of court and the first respondent has no grievance or complaint against the revision petitioner and that the entire money transaction has already been settled.

(3.) In view of the compromise arrived at between the parties, the impugned orders are set aside and the criminal revision petition is allowed. Crl.R.C. No.27 of 1997 would stand closed. Crl.M.Appln.No.11883 of 2006 shall stand recorded.