Dismissed

N.K.Mohanan Pillai v. a.John

Kerala HC3 Jul 2007Crl.Rev.Pet/355/2005

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision petition challenging conviction under Section 138 of the Negotiable Instruments Act. The appeal was settled; the composition was recorded, and the petitioner was deemed acquitted under Section 320(8) of the Cr.P.C. with deposit refund.

What did the court decide?

Composition recorded with effect of acquittal under Sec. 320(8) Cr.P.C.; money deposited refunded.

N.K.Mohanan Pillai Vs a.John — 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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TUESDAY, THE 3RD JULY 2007 / 12TH ASHADHA 1929

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Crl.Rev.Pet.No. 355 of 2005()

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----------------------------CRA.347/2003 of SESSIONS COURT, PATHANAMTHITTA CC.455/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA

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REVN. PETITIONER: APPELLANT/ACCUSED:

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N.K. MOHANAN PILLAI, S/O. KUTTAN PILLAI, VALYAPEZHUNKAL HOUSE, MANGARAM, KONNI VILLAGE.

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BY ADV. SRI.V.PHILIP MATHEW

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RESPONDENTS: COMPLAINANT & STATE:

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A. JOHN, EDASSERIL HOUSE, MANGARAM, KONNI.

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

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BY ADV. SRI.K.SASIKUMAR PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl.R.P. NO. 355 of 2005**

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*** * * * * * * * * * * * * * * * * * Dated: 3-7-2007**

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ORDER

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The accused in C.C. No. 455 of 2000 on th e file of the J.F.C.M.-II 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 7290 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. Money, if any, deposited by the revision petitioner pursuant to the orders, if any, passed by the lower appellate court shall be refunded to the revision petitioner.

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

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V. RAMKUMAR,

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(JUDGE)

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ani.

N.K.Mohanan Pillai v. a.John

Case brief

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N.K.Mohanan Pillai v. a.John

Case brief

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