Dismissed

J.T.Suresh v. Monichan Thomas

Kerala HC13 Sept 2007Crl.Rev.Pet/739/2007

Case brief

AI extract

What is this about?

This criminal revision petition challenging conviction under Section 138 NI Act was disposed of on the basis of a composition filed by parties under Section 147 CrPC. The court allowed withdrawal of the deposited sum, effectively acquitting the applicant.

What did the court decide?

Petition dismissed; sum of Rs.50,000/- permitted to be withdrawn by complainant; conviction effectively set aside by operation of Section 320(8) CrPC.

J.T.Suresh Vs Monichan Thomas — 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 13TH SEPTEMBER 2007 / 22ND BHADRA 1929

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Crl.Rev.Pet.No. 739 of 2007()

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----------------------------CRA.202/2006 of ADDL.SESSIONS COURT (ADHOC), ALAPPUZHA CC.333/2002 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA

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REVN. PETITIONER: APPELLANT/ACCUSED:

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J.T. SURESH, 18-B, MICHAEL MOOPPANAR STREET, MADHURA, TAMILNADU

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BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU

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RESPONDENTS: COMPLAINANT & STATE:

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MONICHAN THOMAS, KUZHUPPALLY HOUSE, CMC 25, CHERTHALA.

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THE STAE OF KERALA,

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

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BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.K.SATHEESH KUMAR

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/09/2007 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Crl. R.P. No. 739 OF 2007

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Dated this the 13^th day of September, 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.333/2002 on the file of the JFCM-I, Cherthala 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.9705/2007 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. The sum of Rs.50,000/- (Rupees fifty thousand only) deposited before the trial court pursuant to the orders of the first appellate court shall be permitted to be withdrawn by the 1^st respondent complainant.

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This revision petition is disposed of as above.

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(V. RAMKUMAR, JUDGE)

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aks

J.T.Suresh v. Monichan Thomas

Case brief

What is this about?

What did the court decide?

J.T.Suresh v. Monichan Thomas

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

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