Dismissed

K.C.Vinod Kumar v. State of Kerala & Another

Kerala HC18 Feb 2009Crl.Rev.Pet/360/2009

Case brief

AI extract

What is this about?

In a criminal revision petition challenging conviction for cheque dishonour under Section 138 NI Act, the Kerala High Court disposed of the matter by recording a settlement agreement between the appellant and the complainant filed under Section 147 NI Act, treating it as an acquittal under Cr.P.C. 320(8).

What did the court decide?

Composition recorded with effect of acquittal; money deposited to be refunded.

K.C.Vinod Kumar Vs State of Kerala & Another — Cheque Dishonour | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

¶4

WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930

¶5

Crl.Rev.Pet.No. 360 of 2009()

¶6

----------------------------CRA.76/2001 of ADDL. DISTRICT JUDGE, FAST TRACK (ADHOC II), KOZHIKODE CC.205/2000 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA

¶7

REVN. PETITIONER(S): APPELLANT/ACCUSED:

¶8

¶9

K.C.VINOD KUMAR, AGED 40, S/O.KUNHIKANNAN, KUNNOTHCHALIL VEEDU, CHERUVANNUR AMSOM DESOM, KOYILANDY TALUK.

¶10

BY ADV. SMT.R.PADMAKUMARI

¶11

RESPONDENT(S): RESPONDENTS/STATE AND COMPLAINANT:

¶12

------------------------------------------------1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶13

C.P.A.RAHIMAN, S/O.KULANTHAN, CHALUPARAMBIL VEEDU, 'RAHANA', KALLODE AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.

¶14

ADV. SMT.ANITHA M.N. (EKM) FOR R2 PUBLIC PROSECUTOR

¶15

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

V. RAMKUMAR, J. * * * * * * * * * * * * * * * * Crl.R.P. No. 360 of 2009 * * * * * * * * * * * * * * * * Dated: 18-2-2009

¶17

ORDER

¶18

The accused in C.C. No. 205 of 2000 on the file of the J.F.C.M. II, Perambra 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.

¶19

Pending this revision, the parties have settled the matter. Crl.M.A.No. 513 of 2009 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 pursuant to the orders, if any, passed by the lower appellate court shall be refunded to the revision petitioner/accused.

¶20

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

¶21

Dated this the 18^th day of February, 2009.

¶22

V. RAMKUMAR, (JUDGE)

¶23

ani.

K.C.Vinod Kumar v. State of Kerala & Another

Case brief

What is this about?

What did the court decide?

K.C.Vinod Kumar v. State of Kerala & Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sudevan Vs State of Kerala

Dinesan @ Ayyappan Vs State of Kerala

Mohammed Rafeeque Vs State of Kerala & Another

K.M. Mohanan Vs M.V. Nalinakshan

Raveendran @ Orumonkuttan Vs State of Kerala

Thomas Vs Siji and Another