Dismissed

Dr.K.Abbas v. B.Ummer

Kerala HC20 Jun 2008Crl.Rev.Pet/2475/2003

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a criminal revision petition challenging a conviction under Section 138 of the Negotiable Instruments Act, 1881. On the day of hearing, the parties settled the matter via a compromise petition filed under Section 147. The court recorded the composition, which had the effect of an acquittal under Section 320(8) Cr.P.C., and ordered the refund of any deposited money

What did the court decide?

The criminal revision petition was dismissed in light of the composition recorded on the day of hearing; money deposited by the appellant is to be refunded.

Dr.K.Abbas Vs B.Ummer — Cheque Dishonour | Kerala HC (2008)

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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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FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930

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Crl.Rev.Pet.No. 2475 of 2003()

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-----------------------------CRA.260/2000 of ADDL. SESSIONS COURT (ADHOC)-II, KASARGOD CC.344/1998 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD

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REVN. PETITIONER: APPELLANT/ACCUSED.

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DR.K.ABBAS, S/O.MOHAMMED HAJI,KANATHADKA HOUSE, ALIKA VILLAGE, S.S.VIHAR, VITTAL, BANTWAL TALUK, D.K.DISTRICT, KARNATAKA.

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BY ADV. SRI.T.G.RAJENDRAN

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RESPONDENTS: COMPLAINANT & STATE.

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B.UMMER, S/O.IDINKUNJI, BILLARMOOLE, BAYAR VILLAGE, KASARAGOD.

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

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R1 BY ADV. SRI.T.B.SHAJIMON

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SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/06/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.R.P. NO. 2475/2003

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: 2 :

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ORDER ON CRL. M.A. NO. 9909/2003 IN CRL.R.P. NO. 2475/2003

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DISMISSED

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20.06.2008

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sd/- V. RAMKUMAR, JUDGE.

/True Copy/

P.A to Judge.

V. RAMKUMAR, J.

=====================

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Crl.R.P. No. 2475 of 2003

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===================== Dated this the 20^th day of June, 2008.

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ORDER

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The accused in C.C. No. 344 of 1998 on the file of the Chief Judicial Magistrate, Kasargod 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.No. 5869 of 2008 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 before the trial court shall be refunded to the revision petitioner/accused.

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

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Dated this the 20^th day of June, 2008.

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V. RAMKUMAR,JUDGE.

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Dr.K.Abbas v. B.Ummer

Case brief

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What did the court decide?

Dr.K.Abbas v. B.Ummer

Case brief

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What did the court decide?

What the court decided

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