Dismissed

Benny v. Flory

Kerala HC2 Aug 2007Crl.Rev.Pet/3146/2006

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal revision petition challenging conviction and sentence for cheque dishonour. The Court observed that the parties had settled the matter through a composition recorded under s. 147 CrPC, which has the effect of an acquittal, and accordingly disposed of the petition on those terms.

What did the court decide?

Composition recorded; conviction effectively quashed; money paid to be refunded.

Benny Vs Flory — 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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THURSDAY, THE 2ND AUGUST 2007 / 11TH SRAVANA 1929

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Crl.Rev.Pet.No. 3146 of 2006(C)

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------------------------------CRA.229/2005 of SESSIONS COURT, THRISSUR CC.84/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY

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REVN. PETITIONER: APPELLANT/ACCUSED

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BENNY, S/O.GEORGE, CHEMBOTTI @ CHAKKALAMATTATH HOUSE, PARIYARAM VILLAGE, KUTTIKKAD DESOM, MUKUNDAPURAM TALUK, CHALAKUDY, THRISSUR.

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BY ADV. SRI.MOHAN C.MENON

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RESPONDENTS:

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FLORY, W/O.JOHNY, VENNATTUPARAMBIL HOUSE, PARIYARAM, KUTTEKKAD, MUKUNDAPURAM.

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

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BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.MAT.PAI

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/08/2007 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Crl. R.P. No. 3146 OF 2006 C ````````````````````````````````````````````````````

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Dated this the 2^nd day of August, 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.84/2003 on the file of the JFCM, Chalakudy 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.8406/2007 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

Benny v. Flory

Case brief

What is this about?

What did the court decide?

Benny v. Flory

Case brief

What is this about?

What did the court decide?

What the court decided

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