Allowed

Joggy Joseph v. Shaji Antony

Kerala HC8 Dec 2022Crl.Rev.Pet/773/2008

Case brief

AI extract

What is this about?

The Court allowed a criminal revision petition filed by an accused convicted under the Negotiable Instruments Act. The offence was compounded following a settlement between the parties, resulting in the vacation of the conviction and sentence with the effect of acquittal.

What did the court decide?

The revision petitioner's conviction and sentence are set aside. The compounding petition is allowed.

Joggy Joseph Vs Shaji Antony — Cheque Dishonour | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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THURSDAY, THE 8^TH DAY OF DECEMBER 2022 / 17TH AGRAHAYANA,

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1944

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CRL.REV.PET NO. 773 OF 2008

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JUDGMENT INCRA 576/2006 OF ADDITIONAL SESSIONS COURT, FAST TRACK II, ALAPPUZHA, JUDGMENT IN CC 293/2004 OF JFCM-

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II,ALAPPUZHA

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REVISION PETITIONER/APPELLANT/ACCUSED:

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JOGGY JOSEPH, AGED 54 S/O JOSEPH, CHERUKARA HOUSE, SUBRAMONYAPURAM, AVALOOKUNNU P.O., ALAPPUZHA.

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BY ADV SRI R.AZAD BABU

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RESPONDENTS/RESPONDENTS/COMPLAINANT:

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1 SHAJI ANTONY, S/O ANTONY THARAKANPARAMBIL (EZHARAYIL), KAYALPURAM,, PULINCUNNU P.O., ALAPPUZHA.

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

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BY ADVS.SRI.N.ASHOK KUMAR

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SRI.SUDHEENDRAN. K.Y. SMT. T.V. NEEMA, SR. PP

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Crl.R.P.No.773/2008

-:2:-

O R D E R

Dated this the 8^th day of December, 2022

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This criminal revision petition has been filed challenging the judgment of the Additional Sessions Court, Fast Track Court-II, Alappuzha in Crl.A.No.576/2006 dated 23.6.2007 confirming the judgment of the Judicial First Class Magistrate Court-II, Alappuzha in C.C.No.293/2004 dated 17.10.2006.

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The revision petitioner is the accused. The 1^st respondent is the defacto complainant. The revision petitioner faced trial for the offence punishable under Section 138 of the Negotiable Instruments Act and he was convicted and sentenced to undergo simple imprisonment for one year and to pay compensation of ₹2,00,000/- to the 1^st respondent under Section 357(3) of Cr.P.C.

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Now, the matter has been settled between the parties. Crl.M.A.No.1/2022 has been filed to compound the offence. I went through the compounding petition. I am satisfied that the composition is voluntary. The 1^st respondent has stated that he

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Crl.R.P.No.773/2008

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has no objection in setting aside the conviction and sentence imposed by the courts below. As per the direction of this Court, the revision petitioner has already deposited ₹5,000/- as cost.

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In view of the settlement, the offence stands compounded. The composition shall have the effect of acquittal of the accused under Section 320(8) of the Cr.P.C. The impugned conviction and sentence are hereby set side in view of the composition. Crl.M.C.No.1/2022 stands allowed.

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The Crl.R.P is disposed of as above.

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sd/-

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DR. KAUSER EDAPPAGATH

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JUDGE

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Joggy Joseph v. Shaji Antony

Case brief

What is this about?

What did the court decide?

Joggy Joseph v. Shaji Antony

Case brief

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What did the court decide?

What the court decided

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