Allowed

Unnikrishnan Ullisseri v. Chandran

Kerala HC7 Mar 2018Crl.Rev.Pet/43/2018

Case brief

AI extract

What is this about?

The High Court allowed the revision petition, recording the composition and granting permission to compound the offence under Section 138 of the Negotiable Instruments Act. The accused was acquitted, conviction was set aside, and the bail bond was discharged following the waiver of the Legal Services Authority fee.

What did the court decide?

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

Unnikrishnan Ullisseri Vs Chandran — Cheque Dishonour | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939

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Crl.Rev.Pet.No. 43 of 2018

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CRA 82/2017 of SESSIONS COURT,MANJERI CC 2200/2013 of J.M.F.C.,PARAPPANANGADI

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REVISION PETITIONER(S)/APPELLANT/ACCUSED

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UNNIKRISHNAN ULLISSERI,

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S/O. VELAUDHAN, AGED 52 YEARS, ULLISSERY HOUSE (VIJAYA NIVAS), DOOR NO. 20/130, ARIYALLUR P.O, TIRURANGADI TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SRI.K.P.SUDHEER

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SRI.ARUN MATHEW VADAKKAN

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RESPONDENT(S)/RESPONDENTS/COMPLAINT & STATE:-:

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CHANDRAN, S/O. CHAMU, ATHOLI THATTANKANDI HOUSE, P.O, ARIYALLUR, TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN- 676312.

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682031.

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R1 BY ADV. SRI.P.K.BABU

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BY PUBLIC PROSECUTOR SRI. E.C. BINEESH

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B. SUDHEENDRA KUMAR, J.

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-------------------------------Crl.R.P. No.43 of 2018

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Dated this the 7^th day of March, 2018

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O R D E R

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Crl.M.A.No. 1328 of 2018 has been jointly filed by

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the revision petitioner and the first respondent, who is the complainant before the trial court, praying for recording composition.

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This Court as per order dated 7.3.2018 in Crl.M.A.No.1329 of 2018 waived the amount 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)].

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The offence under Section 138 of the Negotiable Instruments Act, 1881 is compoundable under Section 147 of the Negotiable Instruments Act. Therefore, since the matter has been settled between the parties, I am of the view that it is only just and proper to grant permission to

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Crl.R.P. No.43 of 2018

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-: 2 :-

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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.

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In the result, this Revision Petition stands allowed, setting aside the conviction and sentence passed by the courts below under Section 138 of the N.I.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.

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Sd/-

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B. SUDHEENDRA KUMAR,

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STK

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//TRUE COPY// //P.A. TO JUDGE//

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Crl.R.P. No.43 of 2018

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-: 3 :-

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B. SUDHEENDRA KUMAR, J.

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..................................................... Crl. M.A. No. 1329 of 2018

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Crl.R.P. No. 43 of 2018

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..................................................... Dated this the 7^th day of March, 2018

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ORDER

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Heard.

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For the reasons stated in the affidavit, the cost to be deposited by the revision petitioner before the Kerala State 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) stands waived.

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B. SUDHEENDRA KUMAR, JUDGE

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STK

Unnikrishnan Ullisseri v. Chandran

Case brief

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Unnikrishnan Ullisseri v. Chandran

Case brief

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