Allowed

A.Ashraf, v. State of Kerala

Kerala HC10 Jan 2020Crl.Rev.Pet/1033/2019

Case brief

AI extract

What is this about?

Petitioner filed criminal revision against conviction and sentence under Section 138 NI Act. While pending, parties settled and filed miscellaneous application for compounding. Court granted permission to compound, setting aside conviction and sentence, resulting in acquittal under Section 320(8) CrPC.

What did the court decide?

Permission granted to compound offence under Section 138; order of conviction and sentence set aside; acquittal recorded under Section 320(8) CrPC.

A.Ashraf, Vs State of Kerala — Cheque Dishonour | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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FRIDAY, THE 10TH DAY OF JANUARY 2020 / 20TH POUSHA, 1941

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Crl.Rev.Pet.No.1033 OF 2019

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AGAINST THE ORDER/JUDGMENT IN CrL.A 135/2016 DATED 06-062019 OF DISTRICT COURT & SESSIONS COURT,THALASSERY

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AGAINST THE ORDER/JUDGMENT IN ST 48/2012 DATED 12-05-2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS II, PAYYANNUR

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REVISION PETITIONER/APPELLANT/ACCUSED:

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A.ASHRAF, AGED 53 YEARS

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S/O.ABDUL AZEEZ, OLIYANKARA, VADAKUMBAD P.O., RAMANTHALI, KANNUR DISTRICT.

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BY ADVS.

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SRI.T.V.JAYAKUMAR NAMBOODIRI SMT.K.REEHA KHADER

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RESPONDENT/STATE/DEFACTO COMPLAINT:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN - 682 031.

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2 N.P.UBAID, AGED 44 YEARS, S/O.K.K.ABDULLA, VADAKKUMBAD P.O., RAMANTHALI, KANNUR DISTRICT.

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R2 BY ADV. SRI.S.SAJITH KUMAR

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SRI C K PRASAD-PP

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR

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ADMISSION ON 10.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.R.P.No.1033 OF 2019

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ORDER

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The revision petitioner is the accused in the case S.T No.48/2012 on the file on the Court of the Judicial First Class Magistrate-II, Payyannur.

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The trial court found the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and convicted him thereunder. The trial court sentenced him to undergo simple imprisonment for a period of three months and also to pay a fine of Rs.2,00,000/- and in default of payment of fine to undergo simple imprisonment for a period of two months. The trial court also directed that if the fine amount was realised, it shall be given to the complainant as compensation.

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The petitioner filed Criminal Appeal No.135 of 2016 before the Court of Session, Thalassery challenging the order of conviction and sentence passed against him by the trial court. The appellate court confirmed the conviction as well as the sentence and dismissed the appeal. Aggrieved by the

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Crl.R.P.No.1033 OF 2019

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concurrent findings of guilty, conviction and sentence made against him, the accused has filed this revision petition.

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Heard learned counsel for the petitioner and also the second respondent /complainant.

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During the pendency of the revision petition, the parties have settled the matter. Criminal M.A No. 1/2020 is filed for granting permission to compound the offence under Section 138 of the Act. This petition is signed by the revision petitioner as well as the second respondent and also their counsel. I am satisfied that the settlement arrived at between the parities is genuine. Therefore, permission is granted to compound the offence under Section 138 of the Act. Compounding of the offence is recorded in Criminal M.A No. 01/2020.

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In the result, the revision petition is allowed. The order of conviction and sentence passed against the petitioner by the trial court, which stands affirmed by the appellate court, is set aside. Compounding of the offence will have the effect of acquittal of the revision petitioner/accused under

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Crl.R.P.No.1033 OF 2019

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Section 320(8) Cr.P.C.

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Sd/-

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R. NARAYANA PISHARADI

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JUDGE

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rpk

A.Ashraf, v. State of Kerala

Case brief

What is this about?

What did the court decide?

A.Ashraf, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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