Allowed

Vimala v. Usha Mohanan

Kerala HC20 Oct 2009Crl.Rev.Pet/3218/2009

Case brief

AI extract

What is this about?

In Crl. Repetition No. 3218 of 2009, the Kerala High Court allowed a joint petition to compound an offence of cheque dishonour under Section 138 of the Negotiable Instruments Act. The court ruled that the accused be acquitted under Section 147 of the Act and Section 320(8) of the CrPC, vacating prior conviction and acquitting the petitioner.

What did the court decide?

Revision petitioner acquitted under Section 147 of the Negotiable Instruments Act read with Section 320(8) of CrPC and set at liberty.

Vimala Vs Usha Mohanan — 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.S.GOPINATHAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931

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Crl.Rev.Pet.No. 3218 of 2009()

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------------------------------------------CRA.555/2006 of ADDL. SESSIONS COURT-II, MAVELIKKARA CC.795/2005 of JUDL.MAGISTRATE OF FIRST CLASS, HARIPAD ....................

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REVN. PETITIONER(S): /APPELLANT/ACCUSED:

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-----------------------------------

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VIMALA RESIDING AT NEELETHU HOUSE, KAKKANADU, KAYAMKULAM.

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BY ADVS.MR.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN MR.M.S.NISHAD

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RESPONDENT(S): COMPLAINANT & STATE:

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-----------------------------

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1. USHA MOHANAN, RESIDING AT SANIL NIVAS, PELA P.O., KANNAMANGALAM VILLAGE, MAVELIKARA.

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2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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R2 BY PUBLIC PROSECUTOR MR.JAYAKRISHNAN

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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P.S.GOPINATHAN, J.

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= = = = = = = = = = = = = Crl.R.P.No.3218 of 2009.

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

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Dated this the 20^th day of October, 2009.

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O R D E R

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Revision petitioner is the accused in CC.No.795/2005 on the file of the Judicial Magistrate of First Class-I, Haripad. The first respondent herein prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate after due trial found the revision petitioner guilty. Consequently she was convicted and sentenced to simple imprisonment for three months and directed to pay Rs.1,50,000/- as compensation to the first respondent. Crl.Appeal No.555/2006 preferred by the revision petitioner was dismissed. Assailing the above conviction and sentence as confirmed in appeal, this revision petition was filed.

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Now the revision petitioner and the first

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respondent have settled the matter out of court and filed a

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Crl.R.P.No.3218 of 2009.

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-: 2 :-

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joint petition as Crl.M.A.No.9983/2009 seeking permission to compound the offence.

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Having heard either side, I find no reason to reject the petition. Hence, the petition Crl.M.A. No. 9983/2009 is recorded and the revision petitioner is acquitted under Section 147 of the Negotiable Instruments Act read with Sec.320(8) of the Code of Criminal Procedure and set at liberty.

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Criminal Revision Petition is disposed of as above.

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P.S.GOPINATHAN, JUDGE.

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Kvs/-

Vimala v. Usha Mohanan

Case brief

What is this about?

What did the court decide?

Vimala v. Usha Mohanan

Case brief

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What did the court decide?

What the court decided

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