Disposed

Abdul Salam v. the State of Kerala

Kerala HC17 Sept 2007Crl.Rev.Pet/21/2006

Case brief

AI extract

What is this about?

This criminal revision petition challenging conviction for cheque dishonour was disposed of after the parties settled the matter. The composition recorded under Section 147 of the NI Act was treated as an acquittal under Section 320(8) Cr.P.C., resulting in refund of the deposited sum.

What did the court decide?

Composition recorded as acquittal; deposit of Rs. 40,000 refunded to complainant.

Abdul Salam Vs the State of Kerala — Cheque Dishonour | Kerala HC (2007)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

¶4

MONDAY, THE 17TH SEPTEMBER 2007 / 26TH BHADRA 1929

¶5

Crl.Rev.Pet.No. 21 of 2006()

¶6

---------------------------CRA.NO. 479/05 OF 2ND ADDL.SESSIONS COURT, ERNAKULAM IN C.C. 1090 OF 2001 OF J.F.C.M.I, PERUMBAVUR

¶7

REVN. PETITIONER: APPELLANT/ACCUSED.

¶8

¶9

ABDUL SALAM, AGED 35, S/O.ABDUL MAJEED, ATTUPPURATH ANDAVAR, KADACKAL P.O. KOLLAM.

¶10

BY ADV. SRI.A.T.ANILKUMAR

¶11

RESPONDENTS: COMPLAINANT.

¶12

¶13

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

¶14

SHAIJU, S/O.THOMAS, KALLUKADAN VEEDU, OKKAL P.O. KALADY.

¶15

BY ADV. SRI.T.N.ARUNKUMAR (PERUMBAVOOR) PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR

¶16

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 21 of 2006

¶18

*** * * * * * * * * * * * * * * * * * Dated, this the 17**^th day of September 2007

¶19

ORDER

¶20

The accused in C.C./ST. No.1090 of 2001 on the file of the J.F.C.M-I, Perumbavoor 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.

¶21

2. Pending this revision, the parties have settled the matter. Crl.M.A 9651 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. The sum of Rs. 40,000/- (Rupees forty thousand only) deposited before the trial court shall be allowed to be refunded by the 2^nd respondent complainant.

¶22

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

¶23

V. RAMKUMAR,

¶24

(JUDGE)

¶25

ani.

Abdul Salam v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Salam v. the State of Kerala

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

Similar cases

Praveen Kumar Vs Suraya Zaheer

George & Another Vs State of Kerala

Manomohan Alias Manikutty Vs State of Kerala

Noushad Vs State of Kerala

P.C.Thomas Vs State of Kerala

Sundaran Rajendran Vs State of Kerala and Another