Dismissed

Divakaran v. Thulasi Bhai Amma

Kerala HC7 Apr 2008Crl.Rev.Pet/827/1999

Case brief

AI extract

What is this about?

In Crl.R.P. 827/1999 concerning an offence under Section 138 NI Act, the court disposed of the revision after recording a settlement entered between the parties. The court held the composition operates as an acquittal under Section 320(8) CrPC due to the settlement signed by both sides during pendency.

What did the court decide?

The criminal revision petition was disposed of by recording the composition agreement between the parties, which was held to effect an acquittal for the revision petitioner.

Divakaran Vs Thulasi Bhai Amma — 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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MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.Rev.Pet.No. 827 of 1999

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----------------------------CRA.114/1997 of I ADDL. SESSIONS COURT, KOLLAM CC.1085/1995 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM

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REVN. PETITIONER:

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-----------------DIVAKARAN, THOTTATHIL VEEDU KUNDACHIRA, PERINAD P.O. KOLLAM.

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BY ADV. SRI.S.SUDHEESHKAR

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RESPONDENTS:

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THULASI BHAI AMMA W/O. JANARDHANAN PILLAI JANARDHANA NIVAS THULASI BHAVAN, KANDACHIRA, PERI NAD P.O. KOLLAM.

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STATE OF KERLAA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLAA, ERNKAULAM.

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ADDL.R3. JANARDHANAN PILLAI, JANANRDHANA NIVAS KANDACIRA, PERINAD, KOLLAM.

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ADDL.R4.GIREENDRAKUMAR, THULASIBHAVAN, KANDACIRA, PRINAD, KOLLAM.

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ADDL.R5. GEETHAKUMARI AMMA, GIRENDRABHAVAN, CHANAMKULAM CHANDANATHOPPPU P.O. KOLLAM.

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ADDL.RESPONDENTS 3 TO 5 ARE IMPLEADED AS PER ORDER DATED 7-42008 IN CRL.M.A.NO.3554/2008.

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BY ADV. SRI.ANCHAL C.VIJAYAN

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BY PUBLIC PROSECUTOR MR. BREEZE.M.S.

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINLALY HEARD ON 7-4-2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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- - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No. 827 of 1999

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- - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7^th day of April , 2008

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ORDER

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The accused in C.C. 1085/1995 on th e file of the J.F.C.MI, Kollam 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. 3555 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.

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

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V. RAMKUMAR, JUDGE

V. RAMKUMAR,J.

C.R.P. NO. 827 of 1999

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ORDER

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7-4-2008

Divakaran v. Thulasi Bhai Amma

Case brief

What is this about?

What did the court decide?

Divakaran v. Thulasi Bhai Amma

Case brief

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Statutes considered

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