Rev.K.v.Mathai v. P.v.Jose
Case brief
What is this about?
An appeal against an acquittal in a cheque bounce case. The High Court set aside the acquittal, convicted the accused, and directed settlement via Lok Adalat. Upon failure to settle, the court imposed imprisonment and a fine of Rs.1,500/-.
What did the court decide?
Set aside acquittal, convicted accused, sentenced to simple imprisonment for six months, fine of Rs.1,500/-, compensation of Rs.57,000/-, and directed to appear for sentencing.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.THANKAPPAN
MONDAY, THE 12TH MARCH 2007 / 21ST PHALGUNA 1928
CRL.A.No. 1508 of 2006()
-----------------------AGAINST THE JUDGMENT IN CC.64/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR
APPELLANT: COMPLAINANT
REV. K.V.MATHAI,AGED 65, S/O.LATE K.C.VARKEY, RESIDING AT KAVANAKUDIYIL HOUSE, KALAMKULAM,VADAKKANCHERRY P.O., PALAKKAD DISTRICT.
BY ADVS. M/S. .MANJU ANTONEY -& T.J.THOMAS
RESPONDENTS: ACCUSED & STATE
- P.V.JOSE,AGED ABOUT 40, PROPRIETOR,P.B.S. TRADERS, RESIDING AT POOVAKKULAM HOUSE,KORANCHIRA, KOTTEKULAM,ALATHUR, PALAKKAD DISTRICT.
Issues for consideration
3 issues framed by the court
Whether the conviction of the accused under Section 138 of the Negotiable Instruments Act, 1881 should be upheld against the accused's claim of coercion?
Whether the matter can be settled out of court via Lok Adalat if the parties are willing?
What punishment shall be imposed on the accused if the matter is not settled through Lok Adalat?
Parties & counsel
- appellant
Rev. K.V.Mathai
- respondent
P.V.Jose
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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