Allowed

Riyasudheen v. P.K.Xavier

Kerala HC14 Dec 2009Crl.Rev.Pet/157/2001

Case brief

AI extract

What is this about?

The Court disposed of a criminal revision petition filed by an accused convicted of cheque dishonour. Upon the parties filing a joint petition for compounding, which was granted, the Court allowed the revision, set aside the conviction and sentence, and acquitted the petitioner under Section 320 of Cr.P.C.

What did the court decide?

The revision petition is allowed; conviction and sentence set aside; petitioner acquitted under s.320 Cr.P.C.; bail bonds cancelled.

Riyasudheen Vs P.K.Xavier — Cheque Dishonour | Kerala HC (2009)

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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 P.Q.BARKATH ALI

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MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931

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Crl.Rev.Pet.No. 157 of 2001()

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----------------------------CRA.220/2000 of SESSIONS COURT, MANJERI ST.2268/1998 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR

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REVN. PETITIONER(S): APPELLANT - ACCUSED

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RIYASUDHEEN EYSAQUE, AGED 31, S/O. MOHAMMED, KUNNATHUPARAMBAN HOUSE, NETTIKULAM, UPPADA P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM

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SRI.M.V.BIPIN

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RESPONDENT(S): RESPONDENTS - COMPLAINANT & STATE

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P.K.XAVIER, AGED 32,

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S/O. FRANCIS, PARAKKAL HOUSE,

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MANALODI, NILAMBUR POST,

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NILAMBUR TALUK,

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MALAPPURAM DISTRICT.

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA AT ERNAKULAM.

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ADV. SRI.P.SAMSUDIN FOR R1

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PUBLIC PROSECUTOR SRI K.J.MOHAMED ANZAR FOR R2.

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.Q. BARKATH ALI, J.

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-------------------------------------CRL.R.P. 157 of 2001

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-------------------------------------Dated: DECEMBER 14, 2009

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ORDER

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The accused in S.T.No.2268/1998 of Judicial First Class Magistrate Court, Nilambur, who is the appellant in Crl.A.No.220/2000 of Sessions Court, Manjeri, is the revision petitioner. He was convicted for the offence punishable under sec.138 of the Negotiable Instruments Act and is sentenced to undergo simple imprisonment for three months and also to pay a fine of Rs.5000/-, in default to undergo simple imprisonment for one month by the trial court. The fine amount, if realised, was ordered to be given to the complainant as compensation, which is confirmed in appeal.

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When the revision petition came up for hearing today, both the parties filed a joint petition, Crl.M.Appln. No.12282/2009, seeking permission to compound the offence, which was allowed by me and the offence is compounded.

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As the offence is compounded, the revision petition is allowed. The conviction and sentence of the revision petitioner rendered by the trial court which is confirmed in appeal are set aside. He is acquitted under sec.320 of Cr.P.C. His bail bonds are cancelled.

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CRL.M.P.657 of 2001

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Dismissed.

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P.Q. BARKATH ALI, JUDGE

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mt/-

Riyasudheen v. P.K.Xavier

Case brief

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Riyasudheen v. P.K.Xavier

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