The High Court of Kerala dismissed the appellant's appeal in a cheque dishonour case after the parties instituted an amicable settlement wherein the complainant received the cheque amount and chose not to proceed further.
The criminal appeal filed by the complainant was dismissed following an amicable settlement and withdrawal of prosecution.
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 B.KEMAL PASHA
FRIDAY, THE 14TH DAY OF OCTOBER 2016/22ND ASWINA, 1938
CRL.A.No. 151 of 2009 ( )
AGAINST THE ORDER IN Crl.L.P. 54/2009 of HIGH COURT OF KERALA DATED 14-01-2009
AGAINST THE JUDGMENT IN CRA 30/2001 of ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM DATED 30-08-2008
CC NO.804/1997 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM
PETITIONER/RESPONDENT/COMPLAINANT:
SHAFI MUSALIAR,
S/O.SAINULABDEEN MUSALIAR, SHAFI MANZIL, KARICODE,KOLLAM-5.
BY ADV. SRI.K.M.FIROZ
RESPONDENTS/APPELLANT/ACCUSED/STATE:
1. G.SUNDARA RAJAN DEE DEE & COMPANY, SANKARA VILASAM, KARICODE, T KMC.P.O., KOLLAM.
2. THE STATE OF KERALA,
R1 BY ADV. SRI.B.KRISHNA MANI R2 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M THOMBRA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AD
B.KEMAL PASHA, J.
Crl.Appeal No.151 of 2009
Dated this the 14th day of October, 2016
JUDGMENT
This is an appeal preferred by the complainant in CC No.804/1997, challenging the judgment of acquittal passed by
the lower appellate court in Crl.Appeal No.30/2001. The case in CC No.804/1997 is the result of a private complaint filed by the appellant herein as complainant, against the 1st respondent herein as accused, alleging an offence punishable under Section
138 of the Negotiable Instruments Act.
submit that the matter has been amicably settled between the
parties and the complainant has received the entire amount
Crl.Appeal No.151 of 2009
2
covered by the cheque in question from the accused. The complainant therefore, does not want to proceed with the appeal. Matters being so, this appeal is only to be dismissed and I do so.
In the result this appeal is dismissed.
Sd/- B.KEMAL PASHA, JUDGE
//TRUE COPY//
P.A. TO JUDGE
AD/14/10/16
Shafi Musaliar
G.Sundara Rajan Dee Dee & Company
The State of Kerala
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
