Sasidharan v. Radhakrishnan.C.K.
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 2223 of 2003()
-----------------------------CRA.44/2002 of I ADDL.SESSIONS COURT, ERNAKULAM CC.39/1999 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM
REVISION PETITIONER(S): APPELLANT/ACCUSED:
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SASIDHARAN S/O. KUNJUNNY, KALATHIL VEETTIL, ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA.
BY ADV. SRI.ABI ANTONY
SRI.THOMAS JOSEPH SRI.C.P.SAJI
RESPONDENT(S): RESPONDENTS/COMPLAINANT AND STATE:
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1. RADHAKRISHNAN.C.K., S/O. KRISHNAN, AYYAPPANKAVU, KOCHI-18, NOW RESIDING AT K.S.R.T.C. OFFICERS QUARTERS NO.3, BRINDAVAN, NEAR S.W.T.D. BOAT YARD, PERUMANOOR, KOCHI.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
ADV. SRI.P.B.ASOKAN FOR R1 SRI.SHERRY J. THOMAS FOR R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI - R2
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
===========================
Crl.R.P. NO. 2223 OF 2003 ===========================
Dated this the 15th day of December,2008
ORDER
Revision petitioner is the accused and first
respondent the complainant in C.C.39/1999 on the file of Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. Revision
petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. Conviction was confirmed by Sessions
Court,Ernakulam in Crl.A.44/2002. Revision is filed challenging the conviction and sentence.
2.Crl.M.A.12171/2008 is jointly filed by first
respondent and revision petitioner seeking permission to compound the offence stating that first respondent received the entire amount covered by the dishonoured cheque and they have amicably
settled the dispute. Crl.M.Appl.12171/2008 is allowed. Permission is granted to compound the offence. Offence is compounded. If revision
CRRP 2223/2003 2
petitioner has deposited any amount before the learned Additional Chief Judicial Magistrate, he is entitled to withdrawn the same.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
--------------------W.P.(C).NO. /06
JUDGMENT
SEPTEMBER,2006
1 issue framed by the court
Whether revision against conviction under section 138 NI Act should be entertained when the offence has been compounded.
1 provisions across 1 enactments
SASIDHARAN S/O. KUNJUNNY
RADHAKRISHNAN.C.K.
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court