Dismissed

Francis C.T. v. Thomas

Kerala HC8 Aug 2007Crl.Rev.Pet/1729/2007

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision petition challenging conviction and sentence for cheque dishonour. Pending the revision, parties settled the matter. The court recorded the composition under Section 147 of the Negotiable Instruments Act, 1881, resulting in acquittal under Section 320(8) Cr.P.C., with refund of deposited money.

What did the court decide?

Composition recorded leading to acquittal; money deposited by petitioner to be refunded.

Francis C.T. Vs Thomas — 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 WEDNESDAY, THE 8TH AUGUST 2007 / 17TH SRAVANA 1929

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Crl.Rev.Pet.No. 1729 of 2007()

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-----------------------------CRA.420/2005 of ADDL. SESSIONS COURT, THRISSUR ST.245/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA

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REVN. PETITIONER: PETITIONER/ACCUSED/ACCUSED

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FRANCIS C.T., S/O.THOMAS, CHENATHUPARAMBIL HOUSE, ALOOR POST, POTTA ROAD, THRISSUR DISTRICT.

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BY ADV. SRI.T.N.MANOJ

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RESPONDENTS: RESPONDENT/COMPLAINANT

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THOMAS, S/O.ANTHAPPAN, KONNAN HOUSE, GANDHI NAGAR DESOM, KODAKARA VILLAGE, THRISSUR DISTRICT.

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STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY ADV. SRI.MANU V. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl.R.P. No. 2960 of 2007**

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*** * * * * * * * * * * * * * * * * * Dated, this the 8**^th day of August 2007

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ORDER

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The accused in C.C. 205 of 2005 on th e file of the J.M.F.C., Ramankary 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 courts below.

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Pending this revision, the parties have settled the matter. Crl.M.A 8614 of 2007 has been filed under Section 147 of the Negotiable Instruments Act, 1881 seeking permission to record the composition entered into between the revision petitioner and the complainant. The said petition has been signed by both the revision petitioner as well as the complainant and their respective counsels. In the light of this development, the aforementioned composition is recorded and it will have the effect of an acquittal of the revision petitioner within the meaning of Sec. 320 (8) Cr.P.C. Money, if any, deposited by the revision petitioner pursuant to the orders, if any, passed by the lower appellate court shall be refunded to the revision petitioner.

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This Crl. R.P. is disposed of as above.

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V. RAMKUMAR, (JUDGE)

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ani.

Francis C.T. v. Thomas

Case brief

What is this about?

What did the court decide?

Francis C.T. v. Thomas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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