Allowed

Kochappan v. State of Kerala

Kerala HC4 Jun 2012Crl.Rev.Pet/1885/2010

Case brief

AI extract

What is this about?

The High Court of Kerala set aside the conviction and sentence of the revision petitioner who was convicted under Sections 406 and 420 IPC for cheating and breach of trust, after parties competent to compound the offences obtained court permission to do so, resulting in the quashing of the proceedings.

What did the court decide?

Conviction and sentence set aside; bail bond cancelled due to successful compounding of offences.

Kochappan Vs State of Kerala — Cheating and Forgery | Kerala HC (2012)

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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 C.T.RAVIKUMAR

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MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934

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Crl.Rev.Pet.No. 1885 of 2010 ( ) -------------------------------CRA.171/2007 of ADDITIONAL SESSIONS JUDGE, IRINJALAKUDA CC.475/2002 of J.M.F.C.,IRINJALAKUDA

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REVISION PETITIONER/APPELLANT/ACCUSED:

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KOCHAPPAN S/O.VARUNNI, CHAKKALAKKAL HOUSE, TRIKKUR DESOM THRIKKUR VILLAGE, THRISSUR.

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BY ADVS.SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE

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RESPONDENT/RESPONDENTS/COMPLAINANT-STATE

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STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PUDUKKAD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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C.T. RAVIKUMAR, J.

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Crl. R.P. 1885 of 2010

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Dated this the 4^th day of June, 2012

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ORDER

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Revision Petitioner is the accused in C.C. No.475/2002 on the file of the Judicial First Class Magistrate Court, Irinjalakuda. He was convicted and sentenced under Sections 406 and 420 of the Indian Penal Code by the trial court. The conviction and sentence was later, confirmed by the appellate court in Crl.A.No. 171 of 2007 by the Additional Sessions Judge, Irinjalakuda.

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During the pendency of this Revision Petition Crl.M.A. No. 1752/2012 has been filed jointly by the revision petitioner and the aggrieved parties seeking permission to compound the offence. After considering the fact that the aggrieved parties volunteered to compound the offence under Section 406 of the Indian Penal Code and that it can be compounded by the owner of the property in respect of which the breach of trust was committed and that they volunteered to compound the offence under Section 420 of

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Crl. R.P. 1885 of 2010 2

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the Indian Penal Code as well and that can be compounded by the person who was cheated, permission was granted to compound the offence as per order dated 28.05.2012. Now, that the offences as aforesaid have been compounded by the parties competent to compound with the permission of the court the conviction and sentence imposed against the revision petitioner as per judgment dated 14.02.2007 of the Judicial First Class Magistrate Court, Irinjalakuda in C.C.No.475/2002 and confirmed as per the judgment dated 20.4.2010 in Crl.A.No. 171 of 2007 of the Court of the Additional Sessions Judge, Irinjalakuda are set aside. The bail bond, if any, will stand cancelled.

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Sd/-

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C.T. RAVIKUMAR, JUDGE /True copy/

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P. A. to Judge

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Kochappan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kochappan v. State of Kerala

Case brief

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What did the court decide?

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