High CourtsSingle Bench

K.S Abitha vs N.P Anil Kumar

High Court Of Kerala · Decided on 11 November 2024 · Citation: (2024) 11 KL CK 0101

HON’BLE JUDGES
K.Babu, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 — Section 138, 147
RESULT
Disposed Of
CASE NUMBER
Criminal Revision Petition No. 98 Of 2024
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Judgment

6 paragraphs · 205 words

K.Babu, J

1.

The challenge in this Criminal Revision Petition is to the judgment dated 20.12.2016 in S.T.C No.1177 of 2015 of the Additional Chief Judicial Magistrate Court, Thalassery, and modified by the Additional Sessions Court-III, Thalassery, in the judgment dated 05.08.2023 in Crl.Appeal No.299 of 2016.

2.

The revision petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment till rising of the Court and pay a compensation of Rs.3,00,000/-.

3.

The revision petitioner and the complainant/respondent No.1 filed an application under Section 147 of the NI Act seeking composition of the offence.

4.

I have gone through the application seeking composition. It is stated that the entire dispute has been settled and the complainant has no grievance against the revision petitioner/accused. I find no reason to refuse the composition. The composition shall have the effect of acquittal.

5.

The judgment dated 20.12.2016 in S.T.C No.1177 of 2015 of the Additional Chief Judicial Magistrate Court, Thalassery, and modified by the Additional Sessions Court - III, Thalassery, in the judgment dated 05.08.2023 in Crl.Appeal No.299 of 2016 stands set aside. The accused is acquitted of the offence alleged. The Criminal Revision Petition is disposed of accordingly.