The Court allowed a Criminal Appeal and Criminal Revision filed under Section 138 of the Negotiable Instruments Act. Due to a settlement between parties, the accused was acquitted, and the appeals were disposed of. The petitioner is granted acquittal.
Petitioner acquitted; settlement allows compounding of offence.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
THURSDAY, THE 1ST DAY OF NOVEMBER 2012/10TH KARTHIKA 1934
Crl.Rev.Pet.No. 219 of 2004 (B)
CRA.701/2002 of VI ADDL.DISTRICT COURT, ERNAKULAM CC.610/2000 of J.M.F.C.-I,KOCHI
REVISION PETITIONER(S)/APPELLANT/ACCUSED.:
THOMAS OLATTUPURAM, S/O.PAILY, PALLIPPURAM P.O. MUNAMBAM.
BY ADV. SMT.M.K.PUSHPALATHA
COMPLAINANT(S)/RESPONDENT/COMPLAINANT.:
1. DR.NAVEEN, FR.K.R.JOYAPPAN,
KOCHAPPILLY HOUSE, KUMBALANGHY, KOCHI - 682 007.
2. STATE OF KERALA, REP. BY THE DIRECTOR OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.N.N.SUGUNAPALAN (SR.)
R2 BY PUBLIC PROSECUTOR SRI.BIJU MEENATTOOR.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VPV
S. SIRI JAGAN, J.
Crl.M.A.No.7825/12 & Crl.R.P. No.219 of 2012
Dated this the 1st day of November, 2012
ORDER
The revision petition is filed against the orders of the Judicial First Class Magistrate's Court-I, Kochi and the Court of VI Additional Sessions Judge, Ernakulam in C.C.No.610/2000 and Crl.Appeal No.701/2002 respectively, in prosecution under Section 138 of the Negotiable Instruments Act. The Crl.M.A. is filed for compounding the offence.
parties, I allow the Crl.M.A. and permit the parties to compound the offence. Accordingly, the petitioner is acquitted of the offence charged against him.
The Crl.R.P. and the Crl.M.A. are disposed of as above.
S. SIRI JAGAN, JUDGE
acd
1 issue framed by the court
Whether the crime under Section 138 of the Negotiable Instruments Act can be compounded given a settlement.
THOMAS OLATTUPURAM
DR.NAVEEN, FR.K.R.JOYAPPAN
STATE OF KERALA
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
