Allowed

Achuthan, v. K.R.Unnikrishnan

Kerala HC18 Sept 2020Crl.Rev.Pet/529/2020

Case brief

AI extract

What is this about?

The court considered a criminal revision petition against orders convicting the petitioner under Section 138 of the Negotiable Instruments Act. Noting that the dispute was resolved and a compounding petition was filed, the court allowed the revision and acquitted the petitioner.

What did the court decide?

Crl.R.P allowed; impugned judgments set aside; petitioner acquitted; bail bond cancelled.

Achuthan, Vs K.R.Unnikrishnan — Contract and Commercial Disputes | Kerala HC (2020)

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CRL.RP.529/2020

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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 V.G.ARUN

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FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942

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Crl.Rev.Pet.No.529 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRA 370/2010 DATED 19-10-2011 OF ADDITIONAL DISTRICT COURT, OTTAPALAM

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AGAINST THE ORDER/JUDGMENT IN ST 257/2008 DATED 24-04-2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, OTTAPPALAM

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REVISION PETITIONER/S:

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ACHUTHAN, AGED 51 YEARS S/O.SREEDHARAN, KULAPARAMBIL HOUSE, EZHUMZNGADU, ARANGOTTUKARA, THALAPPILLY, THRISSUR.

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BY ADV. SRI.K.A.SREEJITH

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RESPONDENT/S:

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1 K.R.UNNIKRISHNAN, AGED 53 YEARS S/O.RAMAN, KAYARAMKATTIL VEETTIL, PANAMANNA, KANNIYAMPURAM, OTTAPALAM, PALAKKAD.

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2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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R1 BY ADV. P.V.SREENIVASAN

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.RP.529/2020

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V.G.ARUN, J.

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CRL.R.P.No.529 of 2020

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Dated this the 18^th day of September, 2020

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O R D E R

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This Criminal Revision Petition is filed by the accused in S.T.No.257 of 2008 of the Judicial First Class Magistrate Court-II, Ottapalam. Cognizance in the case was taken on the basis of a complaint filed by the 1^st respondent alleging commission of the offence under Section 138 of the Negotiable Instruments Act. After trial, the learned Magistrate found the petitioner guilty and sentenced him to undergo simple imprisonment for three months and to pay compensation of Rs.70,000/- to the complainant under Section 357(3) Cr.P.C. Petitioner challenged his conviction and sentence by filing Crl. Appeal No.370 of 2010 and the appeal was dismissed by the Additional Sessions Court, Palakkad affirming the conviction and sentence imposed by the trial court. Aggrieved, this Crl. Revision Petition is filed.

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Learned counsel for the revision petitioner and the 1^st respondent submit that the dispute has been resolved by payment of the amount due to the 1^st respondent and compounding petition has been filed.

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CRL.RP.529/2020

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The request for compounding made by the 1^st respondentcomplainant is allowed in exercise of the power under Section 320(6) Cr.P.C. Consequently, the Crl.R.P is allowed and the impugned judgments are set aside and the petitioner acquitted. The bail bond executed by the petitioner will stand cancelled.

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Sd/- V.G.ARUN, JUDGE

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vgs

Achuthan, v. K.R.Unnikrishnan

Case brief

What is this about?

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Achuthan, v. K.R.Unnikrishnan

Case brief

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