Allowed

A.Sreedharan v. Kunhirman Nair (Died),, Padmavathy and Others

Kerala HC19 Mar 2014Crl.Rev.Pet/603/2014

Case brief

AI extract

What is this about?

High Court allowed criminal revision in cheque dishonour case where accused filed criminal miscellaneous application seeking compounding. Court held matter amicably settled, allowed compounding, and acquitted accused under Section 320(8) of CrPC.

What did the court decide?

Accused acquitted under Section 320(8) of CrPC; offence compounded and conviction/sentence set aside.

A.Sreedharan Vs Kunhirman Nair (Died),, Padmavathy and Others — Cheque Dishonour | Kerala HC (2014)

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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.L.JOSEPH FRANCIS

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WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935

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Crl.Rev.Pet.No. 603 of 2014 ()

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CRL.APPEAL NO.68/1998 of ADDL. SESSIONS COURT (AD HOC - I), THALASSERY.

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CC 1106/1995 of J.M.F.C.,MATTANNUR

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REVISION PETITIONER/APPELLANT/ACCUSED :

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A. SREEDHARAN, S/O.KANNAN, AGED 50 YEARS,

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ATHIKKE HOUSE, KARIKKOTTAKKARI, RAJEEV COLONY,

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KOOMANTHODU P.O.

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BY ADV. SRI.CIBI THOMAS

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RESPONDENTS/COMPLAINANT & STATE :

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KUNHIRMAN NAIR (DIED),,

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PADMAVATHY, W/O.LATE KUNHIRAMAN NAIR, HARI MANDIRAM, PAYAM AMSOM DESOM, MADATHIL, IRITTY P.O., KANNUR DISTRICT - 670 703.

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HARIKUMAR N., RESIDING AT -DO-

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SAREEKANTH N., , RESIDING AT - DO-

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LASITHA N., RESIDING AT -DO-

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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R2,3,4,5 BY ADV. SMT. T.J. SEEMA R2,3,4,5 BY ADV. SMT.T.J.SEEMA R6 BY PUBLIC PROSECUTOR SRI.THOMAS J.AMBOOKEN.

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19-032014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.L.JOSEPH FRANCIS, J.

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----------------------------------------------Crl.R.P. No.603 of 2014

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Dated 19^th March, 2014

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O R D E R

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This Criminal Revision Petition is filed by the accused in C.C.No.1106 of 1995 on the file of the Judicial First Class Magistrate, Mattannur. The cheque amount was `15,000/-. The trial court convicted the accused under Section 138 of the Negotiable Instruments Act (for short, 'the N.I. Act') and sentenced to undergo rigorous imprisonment for three months. The appeal filed as Crl. Appeal No.68 of 1998 before the Additional Sessions Court (Ad hoc - I), Thalassery was dismissed. Against that judgment, the appellant/accused filed this Criminal Revision Petition.

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During the pendency of this Criminal Revision Petition, the revision petitioner and respondents 2 to 5, who are the legal representatives of deceased 1^st respondent/complainant filed Crl.M.A.No.1946 of 2014 stating that they have settled the matter and that permission may be granted to compound the offence. Since the matter is amicably settled between the parties, Crl.M.A.No.1946 of 2014 is allowed and permission is granted to the parties to compound the offence under Section 138 of the N.I. Act.

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Accordingly, this Criminal Revision Petition is allowed. The offence under Section 138 of the N.I. Act in C.C.No.1106 of 1995 on the file of the Judicial First Class Magistrate, Mattannur is

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Crl.R.P.No.603 of 2014

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compounded and the conviction and sentence of the accused under Section 138 of the N.I. Act is set aside and he is acquitted under Section 320(8) of the Code of Criminal Procedure.

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Sd/-

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M.L.JOSEPH FRANCIS, JUDGE.

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tgs

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(true copy)

A.Sreedharan v. Kunhirman Nair (Died),, Padmavathy and Others

Case brief

What is this about?

What did the court decide?

A.Sreedharan v. Kunhirman Nair (Died),, Padmavathy and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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