Allowed

Muhammed Shaji v. State of Kerala

Kerala HC12 Jun 2023CRL.A/222/2018

Case brief

AI extract

What is this about?

In an appeal against an appellate court order that acquitted the accused of cheque dishonour after a settlement, the High Court allowed the appeal and set aside the acquittal order to ensure trial court follows the settlement terms and decide the matter on merits.

What did the court decide?

Criminal appeal allowed; the order of the Sessions Court in Criminal Appeal No. 287/2013 set aside; remitted to appellate court to consider afresh.

Muhammed Shaji Vs State of Kerala — Cheque Dishonour | Kerala HC (2023)

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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 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945

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CRL.A NO. 222 OF 2018

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AGAINST THE ORDER/JUDGMENT CRA 287/2013 OF DISTRICT COURT &

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SESSIONS COURT,KOTTAYAM

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Crl.L.P. 85/2018 OF HIGH COURT OF KERALA

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APPELLANT/PETITIONER/COMPLAINANT

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MUHAMMED SHAJI
S/O.MAMMU, THYPARAMBIL ROSE HOUSE,
 KANJIRAPPALLY

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BY ADVS.
SRI.K.ANAND
SRI.BENNY ANTONY PAREL

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RESPONDENTS/STATE AND ACCUSED

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

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2 JOJO MATHEW S/O.MATHEW, VADAKKEKUNNEL TYRES, PALA, LALAM VILLAGE.

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BY ADVS.

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SRI.P.C.HARIDAS

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THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.Appeal No.222 of 2018

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ORDER

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Dated this the 12^th day of June, 2023

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The appellant is the complainant in S.T. No.31 of 2011 of JFCM-III, Kanjirappally. The complaint is filed against the 2^nd respondent, alleging commission of offence under Section 138 of the Negotiable Instruments Act. The trial court convicted the accused and sentenced him to undergo simple imprisonment for six months and to pay Rs.23,64,200/- as fine.

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The 2^nd respondent challenged the judgment in appeal and pending the appeal, parties were referred to mediation. In the mediation, they came to a settlement and the 2^nd respondent agreed to pay Rs.20 lakhs in full and final settlement of the appellant’s claim. Out of the seven instalments granted for paying the amount, one instalment was paid at the time of settlement and that fact was endorsed in the agreement. Taking note of the settlement, the appellate court allowed the appeal and acquitted the 2^nd respondent. Aggrieved, this appeal is filed.

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Learned counsel for the appellant submitted that, allowing the appeal without ensuring compliance of the terms of

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Crl.Appeal No.222 of 2018

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settlement has resulted in the 2^nd respondent wilfully defaulting payment of the balance amount. It is contended that the appellate court was duty bound to ensure payment of the amounts in terms of the settlement before disposing the appeal.

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Learned counsel for the 2^nd respondent submitted that, default in payment was due to circumstances beyond the 2^nd respondent’s control.

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In matters of this nature, the court has a duty to ensure that the terms of the settlement are complied, by the parties. The present situation could have been avoided if the appellate court had followed such procedure. The hasty manner in which the appeal was allowed has resulted in the appellant being denied the amount legitimately due to him for more than five years.

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For the aforementioned reasons, the Crl. Appeal is allowed and the order of the Sessions Court, Kottayam in Crl.Appeal No.287/2013 is set aside. The appellate court shall consider the appeal afresh and decide it on merits.

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Sd/-

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smm

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V.G.ARUN, JUDGE

Muhammed Shaji v. State of Kerala

Case brief

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Muhammed Shaji v. State of Kerala

Case brief

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