High Court of Kerala set aside conviction and sentence in a cheque dishonour case under Section 138 NI Act after the parties settled and filed an application for compounding the offence.
Conviction and sentence under Section 138 of the Negotiable Instruments Act set aside; appellant acquitted via compounding.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941
Crl.Rev.Pet.No.1200 OF 2019
AGAINST THE JUDGMENT IN CRA 654/2008 DATED 29-09-2010 OF SPECIAL ADDITIONAL SESSIONS JUDGE(MARADU CASES)KOZHIKODE
AGAINST THE JUDGMENT IN ST 2935/2006 DATED 04-07-2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V,KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
SATHEESH KUMAR, AGED 39 YEARS S/O.SATHASIVAN, KARUVANPARAMBIL, C.K.QUARTERS, JUBILEE ROAD, PERINTHALMANNA (PO), MALAPPURAM DISTRICT.
BY ADVS. SRI.P.V.ANOOP SRI.M.P.PRIYESHKUMAR
RESPONDENTS/RESPONDENTS/COMPLAINANT&STATE:
1 K.K.JOJISH, AGED 47 YEARS S/O.GOPALAN, KANNAMKANDARIL HOUSE, CHERUVANNOOR AMSOM DESOM, KOZHIKODE DISTRICT, PIN- 673524.
2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682031.
R1 BY ADV. SRI.K.V.SREERAJ
SRI C N PRABHAKARAN-SR PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No.1200 OF 2019
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O R D E R
The revision petitioner is the accused in the case S.T No.2935/2006 on the file of the Court of the Judicial First Class Magistrate-V, Kozhikode. It was a case which was instituted on the basis of the complaint filed by the first respondent for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').
Crl.Rev.Pet.No.1200 OF 2019
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parties have settled the matter between them. The revision petitioner and the first respondent have together filed the application Crl.M.A No. 3/2019 for compounding the offence under Section 138 of the Act. This petition is signed by the parties as well as their counsel. Compounding of the offence under Section 138 of the Act is recorded in Crl.M.A No.3/2019.
In the result, the conviction entered against the revision petitioner and the sentence imposed on him by the courts below under Section 138 of the Act are set aside. Compounding of the offence will have the effect of acquittal of the revision petitioner under Section 320 (8) Cr.P.C.
Sd/-
R. NARAYANA PISHARADI
JUDGE
smf
//TRUE COPY// P A TO JUDGE
2 provisions across 2 enactments
Satheesh Kumar
K.K. Jojish
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
