Allowed

Velayudhan v. Subramanian & Another

Kerala HC6 Feb 2009Crl.Rev.Pet/464/2009

Case brief

AI extract

What is this about?

This court quashed the conviction and sentence in a cheque dishonour case after the parties compounded the matter. The order set aside the imprisonment and ordered acquittal by effect of compounding under Section 320(8) CrPC, releasing the petitioner.

What did the court decide?

Conviction and sentence set aside; compounding treated as quashing and acquittal; petitioner set at liberty.

Velayudhan Vs Subramanian & Another — 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 M.N.KRISHNAN

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FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930

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Crl.Rev.Pet.No. 464 of 2009()

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CRA. NO.93/2006 OF THE ADDL. SESSIONS COURT(FAST TRACK COURT ii), PALAKKAD. ST. 4737/2004 OF THE JUDL. FIRST CLASS MAGISTRATE COURT, CHITTUR.

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REVN. PETITIONER(S): APPELLANT/ ACCUSED

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VALAYUDHAN, S/O. LATE RAKKAN, MESSENGER, STATE BANK OF INDIA, ENGLISH CHURCH ROAD, PALAKKAD.

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BY ADV. MR.LEGY ABRAHAM

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RESPONDENT(S): IST RESPONDENT/ COMPLAINANT/2ND RESPONDENT NO PARTY

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1. SUBRAMANIAN, S/O. AYYASWAMY, THATHAMANGALAM, CHITTUR, PALAKKAD.

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

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ADV. SRI.SAJAN VARGHEESE K. FOR R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N. KRISHNAN, J

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CRL.R.P.No. 464 OF 2009

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Dated this the 6^th day of February, 2009

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ORDER

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Heard. This revision is preferred against the judgment of the Additional Sessions (Fast Track) Court-II, Palakkad in Crl. Appeal 93/2006 which in turn was filed against S.T. No. 4737/2004 on the file of the Judicial First Class Magistrate Court, Chittur. It was a case filed under Section 138 of the Negotiable Instruments Act. The trial court convicted the accused to undergo Simple Imprisonment for a period of 3 months and to pay a compensation of Rs. 55,000/- under Section 357(3) of Criminal Procedure Code and in default to pay the compensation, to undergo Simple Imprisonment for two months. In appeal the appellate court modified the sentence. The appellate court set aside the order sentencing him for imprisonment in case of default of compensation under Section 357(3) of Criminal Procedure Code.

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Parties have compounded the matter and the compounding application is numbered as Crl.M.Appl.No. 1433/2009. The

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CRL.R.P. 464/2009

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-2-

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parties have signed the same and it is recorded. In the light of the compounding of the offence, the conviction and sentence passed by the courts below require interference. They are set aside and the compounding of the offence shall be an effect of aquittal as contemplated under Section 320(8) of the Criminal Procedure Code. The petitioner shall be set at liberty.

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M.N. KRISHNAN,JUDGE

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vkm

Velayudhan v. Subramanian & Another

Case brief

What is this about?

What did the court decide?

Velayudhan v. Subramanian & Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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