The High Court allowed the criminal revision petition because the parties settled the cheque dishonour case while pending. The composition was recorded to effect an acquittal, and the deposited amount was refunded.
The composition was recorded having the effect of acquittal; the deposited sum of Rs. 30,000 was refunded.
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
THURSDAY, THE 13TH SEPTEMBER 2007 / 22ND BHADRA 1929
Crl.Rev.Pet.No. 597 of 2007()
----------------------------CRA.250/2006 of ADDL.SESSIONS COURT (ADHOC), ALAPPUZHA CC.498/2004 of JDUL.MAGISTRATE OF FIRST CLASS, RAMANKARI
REVN. PETITIONER: APPELLANT/ACCUSED
JOSEPH ABRAHAM, S/O.ABRAHAM, AGED 55, THEKKEKARA VEEDU, C/O.BADHEL INDIA GOSPEL MINI STREET, MANGADI P.O., THIRUVALLA (SHOWN IN THE JUDGMENTS) (CHRIST VILLA, KURISUMOODU P.O., CHANGANACHERRY- ORIGINAL ADDRESS).
BY ADV. SRI.JOSEPH GEORGE
RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE
BY ADV. SRI.JOHN VARGHESE SRI.K.S.SAJEEV KUMAR
PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
*** * * * * * * * * * * * * * * * * * Crl.R.P. No. 597 of 2007**
*** * * * * * * * * * * * * * * * * * Dated: 13-09-2007**
ORDER
The accused in C.C. 498 of 2004 on th e file of the Judl. First class Magistrate, Ramankary, 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.
This Crl. R.P. is disposed of as above.
V. RAMKUMAR,
(JUDGE)
ani.
1 issue framed by the court
Whether the matter can be disposed of upon settlement and recording of composition between parties.
3 provisions across 2 enactments
Joseph Abraham
Kunjaria John
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
