Allowed

Madhusoodhanan K v. Sree Guruvayoorappan Chits and Finance Co. (P) Ltd.

Kerala HC14 Jan 2020Crl.Rev.Pet/144/2018

Case brief

AI extract

What is this about?

The Kerala High Court allowed the criminal revision petition in a cheque dishonour case. After the parties settled the matter and filed an application for compounding under Section 138 of the Negotiable Instruments Act, the Court granted permission and set aside the conviction and sentence, treating the compounding as an acquittal.

What did the court decide?

The revision petition was allowed; the order of conviction and sentence was set aside; permission to compound the offence under Section 138 of the Act was granted, resulting in acquittal.

Madhusoodhanan K Vs Sree Guruvayoorappan Chits and Finance… — Cheque Dishonour | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

¶4

TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941

¶5

Crl.Rev.Pet.No.144 OF 2018

¶6

AGAINST THE ORDER/JUDGMENT IN CRL.A 464/2016 DATED 14-06-2017 OF ADDITIONAL DISTRICT COURT, KOZHIKODE

¶7

AGAINST THE ORDER/JUDGMENT IN CC 2414/2015 DATED 15-10-2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS (SPECIAL COURT)FOR TRIAL OF CASES U/S.138, NI ACT (TEMPORARY)

¶8

REVISION PETITIONER/APPELLANT/ACCUSED:

¶9

MADHUSOODHANAN K AGED 51 YEARS, S/O.BALAKRISHNAN, H.NO.14, SNEHA RESIDENCE ASSOCIATION, NEAR GANAPATHI GIRLS HIGH SCHOOL, CHALAPURAM, VAKERIPARAMBU, KOZHIKODE.

¶10

BY ADVS. SRI.T.G.RAJENDRAN SMT.ANN SUSAN GEORGE SRI.T.R.TARIN SRI.V.A.VINOD

¶11

RESPONDENT/COMPLAINANT & STATE

¶12

1 SREE GURUVAYOORAPPAN CHITS AND FINANCE CO. (P) LTD. REGISTERED OFFICE NO.156, SC PARIVAR, T.H.ROAD, CHENNAI-19, REPRESENTED BY ITS SUPERVISOR C.REGHUNATH, AGED 54 YEARS, S/O.PADMANABHAN NAIR, COLLECTION OFFICE, SREE GURUVAYOORAPPAN CHITS (P) LTD., IV FLOOR, CITY TOWER, MAVOOR ROAD, KOZHIKODE-673571.

¶13

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

¶14

R1 BY ADV. SRI.E.HARIDAS R1 BY ADV. SRI.P.V.MIDHUN

¶15

R2 SRI P N SUMODU-PP

¶16

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Crl.Rev.Pet.No.144 OF 2018 2

¶18

ORDER

¶19

The revision petitioner is the accused in the case C.C.No.2414/2015 on the file of the Court of the Judicial First Class Magistrate (N.I.Act Cases), Kozhikode.

¶20

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 and sentenced him to pay a fine of Rs. 1,04,309/and in default of payment of fine, to undergo simple imprisonment for a period of three months. The trial court also directed that, if the fine amount was realised, it shall be given to the complainant as compensation.

¶21

The petitioner filed Criminal Appeal No.464/2016 before the Court of Session, Kozhikode 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.

¶22

Aggrieved by the concurrent findings of guilty, conviction and sentence passed against him by the courts below, the accused has filed this revision petition.

¶23

Crl.Rev.Pet.No.144 OF 2018 3

¶24

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

¶25

During the pendency of the revision petition, the

¶26

parties have settled the matter. An application as Crl.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 petitioner as well as the representative of the first respondent and also their counsel. I am satisfied that the settlement arrived at between the parties is genuine. Therefore, permission is granted to compound the offence under Section 138 of the Act. Compounding of the offence is recorded in Crl.M.A.No.1/2020.

¶27

In the result, the revision petition is allowed. The order of conviction and sentence passed against the petitioner/accused 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 petitioner/accused under Section 320(8) Cr.P.C.

¶28

Sd/-

¶29

R. NARAYANA PISHARADI

¶30

JUDGE

¶31

hmh

Madhusoodhanan K v. Sree Guruvayoorappan Chits and Finance Co. (P) Ltd.

Case brief

What is this about?

What did the court decide?

Madhusoodhanan K v. Sree Guruvayoorappan Chits and Finance Co. (P) Ltd.

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

Coram

Case details

Similar cases

Muhammed Musthafa Vs the State of Kerala

C.K.Moosa Vs Asst.Collector,Special Customs Preventiv

Vinod K.G Vs State of Kerala

Malabar Agro Industry Vs State of Kerala

Rajeev Vs Ratheesh

Muhammed Vs Sajimon @ Saji