Disposed

K.L.James v. C.K.Joseph

Kerala HC1 Aug 2007Crl.Rev.Pet/2574/2004

Case brief

AI extract

What is this about?

On a plea of readiness to settle and a filed compromise petition, the High Court recorded the composition under Section 147 of the Negotiable Instruments Act, treated it as acquittal under Section 320(8) Cr.P.C., and ordered refund of the deposited amount, disposing of the criminal revision petition.

What did the court decide?

Composition recorded as acquittal; amount of Rs. 20,000 deposited refunded to the accused.

K.L.James Vs C.K.Joseph — 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 1ST AUGUST 2007 / 10TH SRAVANA 1929

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Crl.Rev.Pet.No. 2574 of 2004(B)

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------------------------------CRA.211/2002 of ADDL.SESSIONS COURT, PARAVUR CC.289/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA

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REVN. PETITIONER: REVISION PETITIONER/APPELLANT/ACCUSED:

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K.L. JAMES, KALATHIPARAMBIL VEEDU, SREEMOOLANAGARAM P.O.

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BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE

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RESPONDENTS: -------------

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C.K. JOSEPH, CHAKKUNGAL VEEDU, EDANAD, CHOWWARA P.O.

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY ADV. SRI.A.V.XAVIER SRI.JOLLY JOHN PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl. Revision Petition No. 2574 of 2004**

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*** * * * * * * * * * * * * * * * * * Dated, this the Ist day of August 2007**

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ORDER

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The accused in C.C. No.289 of 1999 on th e file of the J.F.C.M.-I, Aluva, 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 8247 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 amount of Rs. 20,000/- deposited before the trial court shall be refunded to the revision petitioner/accused.

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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.

K.L.James v. C.K.Joseph

Case brief

What is this about?

What did the court decide?

K.L.James v. C.K.Joseph

Case brief

What is this about?

What did the court decide?

What the court decided

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