Allowed

K.Vijayan v. M.v.Siva Kumar

Kerala HC23 Jul 2007Crl.Rev.Pet/1765/2007

Case brief

AI extract

What is this about?

Kerala High Court disposed of a criminal revision challenging cheque dishonour conviction. The court ordered disposition based on a recorded composition under section 147 NI Act, granting effect of acquittal under section 320(8) Cr.P.C., with refund of any money paid.

What did the court decide?

Revision allowed with effect of acquittal; money paid by petitioner to be refunded; compounding recorded under section 147 NI Act.

K.Vijayan Vs M.v.Siva Kumar — 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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MONDAY, THE 23RD JULY 2007 / 1ST SRAVANA 1929

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Crl.Rev.Pet.No. 1765 of 2007()

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-----------------------------CRA.154/2003 of ADDL. SESSIONS COURT, (ADHOC), PALAKKAD CC.202/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR

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REVN. PETITIONER: APPELLANT/ACCUSED.

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K.VIJAYAN, AGED 37 YEARS, KOLAYAKKATTU VEETTIL, MANJAPRA, ALATHUR, PALAKKAD DISTRICT.

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BY ADV. SRI.M.B.PRAJITH

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RESPONDENTS: RESPONDENT/COMPLAINANT.

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M.V.SIVAKUMAR, S/O. VASU, MACHOTTUVEETTIL, ANJUMOORTHIMANGALAM, VADAKKENCHERY, PALAKKAD DISTRICT.

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

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BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.SURAJ.S FOR R1

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Crl. R.P. No. 1765 OF 2007

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Dated this the 23^rd day of July, 2007

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O R D E R

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The revision petitioner, who was the accused in C.C.No.202/2000 on the file of the JFCM, Alathur 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.7862/2007 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. Money, if any, paid by the revision petitioner pursuant to orders, if any, passed by the lower appellate court shall be refunded to the revision petitioner.

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This revision petition is disposed of as above.

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(V. RAMKUMAR, JUDGE)

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aks

K.Vijayan v. M.v.Siva Kumar

Case brief

What is this about?

What did the court decide?

K.Vijayan v. M.v.Siva Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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