Allowed

P.Appunni v. State of Kerala

Kerala HC18 Sept 2007Crl.Rev.Pet/1646/2004

Case brief

AI extract

What is this about?

In a criminal revision challenging conviction under Section 138 of the NI Act, the Court allowed the petition because the parties settled the matter via a composition under Section 147 of the Act, which is deemed an acquittal under Section 320(8) Cr.P.C.

What did the court decide?

Criminal Revision Petition allowed treating the composition under Section 147 NI Act as an acquittal under Section 320(8) Cr.P.C., effectively quashing the conviction.

P.Appunni Vs State of Kerala — Cheque Dishonour | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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TUESDAY, THE 18TH SEPTEMBER 2007 / 27TH BHADRA 1929

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Crl.Rev.Pet.No. 1646 of 2004()

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-----------------------------CRA.110/2001 of ADDL. SESSIONS COURT, (ADHOC), PALAKKAD ST.5023/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD

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REVN. PETITIONER: APPELLANT

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P.APPUNNI, S/O.PAZHANIMALA, RESIDING AT PULLINELLI VEEDU, KANNANUR, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SMT.G.GEETHISHA

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RESPONDENTS:

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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SIVALOKANATHAN, S/O.VELAPPAN, RESIDING AT MESTHRI MELEVEETTIL, KANNANUR, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.E.R.VENKATESWARAN PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Crl. R.P. No. 1646 OF 2004 A ````````````````````````````````````````````````````

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Dated this the 18^th day of September, 2007

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O R D E R

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The revision petitioner, who was the accused in S.T.No.5023/1998 on the file of the JFCM-I, Palakkad for an offence punishable under section 138 of the Negotiable Instruments Act, 1881, challenges the conviction entered and the sentence passed against him concurrently by the trial court for the said offence.

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Pending this revision, the parties have settled the matter and have filed Crl.M.A.No.9284/2007 under section 147 of the Act for recording the composition entered into by them. The said petition has been signed by both the revision petitioner as well as the complainant and their respective counsels. The composition is recorded and it will have the effect of an acquittal within the meaning of section 320(8) Cr.P.C. Eventhough the 2^nd respondent/complainant at one stage took the stand that he did not receive the money, it is subsequently admitted as per the independent affidavit filed by him that a cheque and a promissory note have been executed and handed over to him based on the composition effected between the parties.

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This revision petition is disposed of as above.

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(V. RAMKUMAR, JUDGE)

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aks

P.Appunni v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.Appunni v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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