In a cheque bounce case, the High Court disposed of the criminal revision petition after recording a composition filed by the parties under Section 147 Cr.P.C., holding it to have the effect of an acquittal under Section 320(8) Cr.P.C.
Revised petition dismissed with the trial court's conviction deemed acquitted due to the recorded composition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 11TH JULY 2007 / 20TH ASHADHA 1929
Crl.Rev.Pet.No. 1984 of 2007()
-----------------------------CRA.17/2005 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA CC.93/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA
REVN. PETITIONER: APPELLANT/ACCUSED
SALAMMA MATHEW, W/O YOHANNAN MATHEW, AGED 48 YEARS, VEERAPALLIL VEEDU, KANNAMKODE MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER
RESPONDENTS: RESPONDENTS/COMPLAINANT
BY PUBLIC PROSECUTOR SRI.GIBI.C.GEORGE
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Crl.R.P. No. 1984 OF 2007
Dated this the 11th day of July, 2007
O R D E R
The revision petitioner, who was the accused in C.C. No.93/2004 on the file of the JFCM-I, Pathanamthitta for an offence punishable under section 138 of the Negotiable Instruments Act, 1881, challenges the conviction entered and the sentence passed against her concurrently by the trial court for the said offence.
This revision petition is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks
2 issues framed by the court
Whether the revision petitioner should be acquitted in view of a composition entered into by the parties regarding the cheque bounce case.
What is the legal effect of a composition recorded under Section 147 Cr.P.C. on a conviction in a cheque bounce case.
3 provisions across 2 enactments
Salmamma Mathew
State of Kerala
Basheer
Rasheeda
V.Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
