The High Court allowed the criminal revision after the deposit amount was paid and receipt produced. The conviction and sentence under Section 138 of the Negotiable Instruments Act were set aside, and the accused was acquitted as per Section 320(8) Cr.P.C.
The conviction and sentence set aside; the accused stands acquitted under Section 320(8) Cr.P.C.
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 P.BHAVADASAN
FRIDAY, THE 3RD DAY OF FEBRUARY 2012/14TH MAGHA, 1933
CRRP.No. 2946 of 2009 ( )
CRA.236/2006 OF II ADDITIONAL SESSIONS COURT, KOLLAM CC.1252/2002 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM
REVISION PETITIONER/APPELLANT/ACCUSED :
M.S.MEHABOOB,S/O.SHOUKATH, RESIDING AT DARUL MIJAS, PATTARAZHIKAM THEKKUMBHAGOM (P.O.), KOLLAM.
BY ADVS.SRI.MVS.NAMBOOTHIRY
SEI.M.VARGHESE VARGHESE SRI.ROOBESH EMMANUEL
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1. A.K.NASEEM,S/O.ABDULLA, AMEENA MANZIL,KAYYALAKKAL CHERRY, ERAVIPURAM KOLLAM.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM.
R1 BY ADV. SMT.MINI GANGADHARAN R2 BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P. BHAVADASAN, J.
Dated this the 3rd day of February, 2012.
ORDER
See the order dated 23.1.2012. In pursuance to
the said order, the amount has been paid and receipt produced.
In the result, this revision is allowed, the conviction and sentence passed by the courts below against the revision petitioner are set aside and he stands acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act under Section 320(8) Cr.P.C.
P. BHAVADASAN, JUDGE
sb.
2 issues framed by the court
Whether the revision should be allowed after the deposit of the amount was made.
Whether the convicted person should be acquitted under Section 320(8) Cr.P.C.
2 provisions across 2 enactments
M.S.MEHABOOB
A.K.NASEEM
STATE OF KERALA
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
