This appeal against acquittal in a cheque dishonour case (Section 138 NI Act) was dismissed as not pressed after the parties settled the dispute through court-mediated negotiations, with the accused paying the full claimed amount.
The appeal was dismissed as not pressed in terms of the compromise arrived at in mediation after full payment was made.
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.UBAID
THURSDAY, THE 16TH DAY OF AUGUST 2018 / 25TH SRAVANA, 1940
CRL.A.No. 597 of 2015
ORDER IN Crl.L.P.140/2015 of HIGH COURT OF KERALA DATED 21-05-2015 JUDGMENT IN ST 334/2014 of J.M.F.C., ERATTUPETTA DATED 24-02-2015
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APPELLANT :-
K.J.JOSEPH, AGED 72 YEARS, S/O. JOSEPH, KIZHAKKETHOTTATHIL, POOVATHODU P.O., POOVARANI VILLAGE.
BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH
RESPONDENT :-
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THOMAS GEORGE, S/O. GEORGE, THELLIYIL HOUSE, THIDANAD P.O., KONDOOR VILLAGE – 686 501.
R2 BY ADVS.SRI.H.KIRAN
SRI.SHAJI THOMAS R1 BY PUBLIC PROSECUTOR SRI.C.K.PRASAD
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16.08.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGEMENT
This is an appeal against acquittal. The offence
alleged is under Section 138 of the Negotiable Instruments
CRL.A.No. 597 of 2015
-: 2 :-
Act. Pending the appeal, the dispute was referred to mediation. In mediation, the parties settled the dispute, and the 2nd respondent (accused) agreed to pay an amount of `1,00,000/- to the complainant, in terms of settlement.
before this Court. The accused agreed to pay `1,00,000/in three instalments; the first instalment being payable on 12.4.2018, the second being payable on 5.6.2018, and the third being payable on or before 12.8.2018.
Now, that the accused has made payment of the
full amount in terms of settlement, the appeal is not pressed by the complainant. Accordingly, the appeal is dismissed as not pressed, in terms of the compromise arrived at in mediation.
Sd/P.UBAID Judge
Jvt/3.4.2018
//True copy//
P.A. To Judge
1 issue framed by the court
Whether the criminal appeal against acquittal should be decided upon settlement of the dispute via court-mandated mediation.
K.J.JOSEPH
STATE OF KERALA
THOMAS GEORGE
P.UBAJD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
