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2017 (8) TMI 136

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..... hn For The Respondents : Advs.Sri.D.Sajeev Sri.K.R.Haridas Smt.Ligey Antony, Public Prosecutor Sri.Justin Mathew ORDER The petitioner is the accused for the offence under Sec.138 of the Negotiable Instruments Act, in S.T.No.44/2012 on the file of the Judicial First Class Magistrate Court-VIII, Thiruvananthapuram, instituted on the basis of a complaint filed by R-1 herein. The trial court as pe .....

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..... recourse to the remedy under Sec.397 r/w Sec.401 of the Cr.P.C. 2. Heard Sri.Thomas Abraham, learned counsel appearing for the revision petitioner, Sri.D.Sajeev, learned counsel appearing for R-1 and Sri.Jestin Mathew, learned Prosecutor appearing for R-2 State. 3. Today when the matter was taken into consideration, both the revision petitioner-accused and the Secretary of the 1st respondent Co- .....

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..... tion to this case and further that both parties have filed a joint compromise petition as Crl.M.A.No.2948/2017 for compounding the offence in this case. The said joint compromise petition reads as follows: "PETITION FILED UNDER SECTION 147 OF THE NEGOTIABLE INSTRUMENTS ACT 1981 (sic) READ WITH SECTION 320(B) OF THE CRIMINAL PROCEDURE CODE 1. The petitioner herein was the accused in S.T.No.44/ .....

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..... t is very much necessary in the interest of justice that this Hon'ble court may be pleased to compound the offence alleged against the petitioner and acquit him in S.T.No.44/2012 on the file of Judicial First Class Magistrate Court- VIII, Thiruvananthapuram. In the interest of justice, it is humbly prayed that thi Hon'ble Court may be pleased to compound the offence alleged against the .....

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..... c.138 of the Negotiable Instruments Act, alleged against the petitioner will stand compounded and the petitioner is acquitted of the above said offence. 4. In view of the belated plea for compounding the offence, the petitioner will pay cost of Rs. 3,000/- before the Kerala State Legal Services Authority (High Court Legal Service Committee). Sri.Thomas Abraham, learned counsel appearing for the r .....

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