Allowed

Joseph Kurian v. Johney Joseph

Kerala HC29 Mar 2021Crl.Rev.Pet/80/2021

Case brief

AI extract

What is this about?

In a criminal revision petition against conviction and sentence for cheque dishonour under Section 138 N.I.Act, the High Court of Kerala allowed the petition upon conditions of compounding. The court set aside the conviction and sentence, acquitted the applicants, and discharged the bail bond after noting the payment of the entire amount involved.

What did the court decide?

The conviction and sentence were set aside, the applicants were acquitted, and the bail bond was discharged.

Joseph Kurian Vs Johney Joseph — Cheque Dishonour | Kerala HC (2021)

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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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MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

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Crl.Rev.Pet.No.80 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CRA 60/2019 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM

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AGAINST THE ORDER/JUDGMENT IN ST 94/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS II, PALA

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APPLICANTS/REVISION PETITIONERS:

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1 JOSEPH KURIAN AGED 53 YEARS S/O KURIAN, RESIDING AT THAYYIL HOUSE, AYYAPPANCOIL P O, PONNARATHAMPARAPPU KARA, AYYAPPANCOIL VILLAGE, IDUKKI.

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2 ROSALINE JOSEPH AGED 50 YEARS W/O JOSEPH KURIAN, RESIDING AT THAYYIL HOUSE, AYYAPPANCOIL P O, PONNARATHAMPARAPPU KARA, AYYAPPANCOIL VILLAGE, IDUKKI.

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BY ADVS. SRI.BABY THOMAS SRI.K.ANIL JOSEPH SRI.BIJU GEORGE SMT.MARIAMMA JOSEPH

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RESPONDENTS/RESPONDENTS:

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1 JOHNEY JOSEPH AGED 61 YEARS S/O JOSEPH, RESIDING AT KAPPALUMAKKAL HOUSE, POOVARANI KARA, NJADUPARA P O, (DIED), UNDER SECTION 302 OF CR.P.C PERMISSION WAS GIVEN TO CHRISTIAN JOSEPH, S/O JOSEPH, KAPPALUMAKKAL HOUSE, POOVARANI KARA, NJADUPARA P O, POOVARANI VILLAGE.

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

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R1 BY ADV. SRI.JOBY JOSEPH

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CRL.R.P.NO.80 OF 2021

OTHER PRESENT:

PP T.R.RENJITH

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.R.P.NO.80 OF 2021

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O R D E R

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Dated this the 29^th day of March 2021

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The revision petitioners are aggrieved by their conviction and sentence in S.T.No.94 of 2016 of the Judicial First Class Magistrate Court-II, Pala, as affirmed in Criminal Appeal No.60 of 2019 of the Court of Sessions, Kottayam. The judgment convicting the revision petitioners was rendered on a complaint filed by the first respondent under Section 138 of the Negotiable Instruments Act.

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Crl.M.Appl.No.3 of 2021 has been filed jointly by the revision petitioners and the first respondent herein, seeking permission to compound the offence.

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The offence under Section 138 of the N.I.Act is compoundable under Section 147 of the N.I.Act. Further, this Court is vested with the power to

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permit compounding under Section 320 (6) Cr.P.C.

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CRL.R.P.NO.80 OF 2021

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Considering that the entire amount has been paid, I am inclined to allow the request for compounding, which is having the effect of acquittal under section 320 (8) of Cr.P.C.

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In the result, the Criminal revision petition is allowed. The conviction and the sentence imposed by the courts below under Section 138 of the N.I.Act is set aside and the revision petitioners are acquitted. The bail bond of the revision petitioners and sureties stands discharged.

Sd/-

V.G.ARUN

JUDGE

NB/29.03.2021

CRL.R.P.NO.80 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS: NIL

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY P.A. TO JUDGE

Joseph Kurian v. Johney Joseph

Case brief

What is this about?

What did the court decide?

Joseph Kurian v. Johney Joseph

Case brief

What is this about?

What did the court decide?

What the court decided

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