Allowed

K.S.Satheesh v. Minikumari Amma

Kerala HC5 Feb 2018Crl.Rev.Pet/1954/2012

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal revision petition filed against conviction under Section 138 of the Negotiable Instruments Act. The court granted permission to compound the offence based on the settlement between parties, recorded the composition with the effect of acquittal, and discharged the bail bond.

What did the court decide?

Permission to compound the offence granted; conviction and sentence set aside; petitioner acquitted; bail bond discharged.

K.S.Satheesh Vs Minikumari Amma — Cheque Dishonour | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

¶2

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY, THE 5TH DAY OF FEBRUARY 2018 / 16TH MAGHA, 1939

¶3

Crl.Rev.Pet.No. 1954 of 2012

¶4

CRA 325/2010 of IST ADDITIONAL SESSIONS JUDGE, KOLLAM DATED 06-07-2012 CC 1129/2009 of J.M.F.C.-I,KOTTARAKKARA DATED 24-07-2010

¶5

REVISION PETITIONER(S)/APPELLANT

¶6

K.S.SATHEESH

¶7

S/O. SIVARAMA PILLAI, ANANDA BHAVANM VEEDU, MYLOMKULAM MURI, PUTHUR VILLAGE, KOTTARAKKARA, KOLLAM.

¶8

BY ADV.SRI.B.MOHANLAL

¶9

RESPONDENT(S)/RESPONDENTS:

¶10

MINIKUMARI AMMA

¶11

W/O. MOHANAN PILLAI, MYLOMKULAM MURI, PUTHUR VILLAGE, KOTTARAKKARA, KOLLAM.

¶12

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶13

R1 BY ADV. SRI.SYAM J SAM

¶14

BY PUBLIC PROSECUTOR SRI.E.C. BINEESH

¶15

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

B. SUDHEENDRA KUMAR, J.

¶17

.....................................................

¶18

Crl.R.P. No. 1954 of 2012

¶19

.....................................................

¶20

Dated this the 5^th day of February, 2018

¶21

ORDER

¶22

CMA No. 618 of 2018 has been jointly filed by the revision petitioner and the first respondent, who is the complainant before the trial court, praying for granting permission to compound the offence and to record the composition.

¶23

This Court as per order dated 5-2-2018 in Crl.M.A. No. 733 of 2018 waived the cost to be deposited by the revision petitioner before the Legal Services Authority as a condition precedent to grant permission to compound the offence as held by the Apex Court in Damodar S. Prabhu v. Sayed Babalal [2010 (2)KLT 587 (SC).

¶24

The offence under Section 138 of the Negotiable Instruments Act, 1881 is compoundable under Sec. 147 of the Negotiable Instruments Act. Since the matter has been settled between the parties, it is only just

¶25

-: 2 :-

¶26

Crl.R.P. No. 1954 of 2012

¶27

and proper to grant permission to compound the offence. Accordingly, permission stands granted and the composition stands recorded, which is having the effect of acquittal under Section 320 (8) of the Code.

¶28

In the result, this Revision Petition stands allowed setting aside the conviction and sentence passed by the courts below under Section 138 of the Negotiable Instruments Act and the revision petitioner stands acquitted for the said offence under Section 320 (8) of the Code. The bail bond of the revision petitioner stands discharged.

¶29

The trial court shall release the amount if any deposited by the petitioner in this case to the party concerned as per the terms of the mediation agreement, if an application in this regard is filled by the petitioner before the trial court.

¶30

B. SUDHEENDRA KUMAR, JUDGE.

¶31

ani/

K.S.Satheesh v. Minikumari Amma

Case brief

What is this about?

What did the court decide?

K.S.Satheesh v. Minikumari Amma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Soby George Vs Kalabhavan

T.v.Madhusoodhanan Vs Kusumbhai and Another

Suresh Vs State of Kerala

Devi v Thattil Vs C D Mathai

Sulaiman Vs State of Kerala

Prabhakaran Vs State of Kerala