The criminal revision petitioner challenged conviction under Section 138 NI Act. Pending the revision, parties settled the matter via composition under Section 147. The court recorded the composition, effecting an acquittal, and ordered refund of any deposited money.
Composition recorded having effect of acquittal; deposited money to be refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930
Crl.Rev.Pet.No. 78 of 2009(D)
----------------------------CRA.797/2007 of Additional District & Sessions Judge, Kozhikode ST.373/2006 of the Special Judicial First Class Magistrate (Marad cases), Kozhikode.
REVN. PETITIONER:
SEBASTIAN.T
AGED 70 YEARS, S/O.JOSEPH, THEKKAYIL HOUSE CHEVAYUR PO, KOZHIKODE.
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENT(S):
ROOM NI.22, MOFUSIL BUS STAND BUILDING, KOZHIKODE NOW RESIDING AT MADATHIL HOUSE, MANDAMKAVU PO NADAVANNUR.
PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED
SRI.CIBI THOMAS FOR R1
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = Crl.R.P.No.78 of 2009
= = = = = = = = = = = = = = Dated this the 13th day of February, 2009.
ORDER
The accused in S.T. No.373 of 2006 on the file of the Special Judicial First Class Magistrate, Kozhikode 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.
Crl.R.P.No.78/2009
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 Section 320(8) of Cr.P.C. Money, if any, deposited pursuant to orders, if any, passed by the lower appellate court shall be refunded to the revision petitioner/accused.
This Crl.R.P. is disposed of as above.
Dated this the 13th day of February, 2009.
Sd/- V. RAMKUMAR, JUDGE.
Skr
// True copy //
P.A. to Judge
2 provisions across 2 enactments
SEBASTIAN.T
ABDUL GAFOOR.M
STATE OF KERALA
V.RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
