Allowed

Nazar @ Nizar @ Nissar v. State of Kerala

Kerala HC21 Mar 2023Crl.Rev.Pet/210/2023

Case brief

AI extract

What is this about?

In a criminal revision petition challenging a conviction under the NI Act, the High Court allowed the prayer for compounding pending settlement between parties. Consequently, the impugned judgments were set aside, the revision petition was allowed, and the petitioner was acquitted.

What did the court decide?

Prayer for compounding allowed; impugned judgments of trial and appellate courts set aside; petitioner acquitted; bail bond cancelled.

Nazar @ Nizar @ Nissar Vs State of Kerala — Cheque Dishonour | Kerala HC (2023)

¶1

Crl.R.P. 210 of 2023

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

TUESDAY, THE 21^ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944

¶7

CRL.REV.PET NO. 210 OF 2023

¶8

AGAINST THE JUDGMENT IN CRL.APPEAL NO.48/2018 DATED 26/10/2022 OF HON'BLE ADDITIONAL SESSIONS JUDGE-1. MAVELIKARA, CONFIRMING THE ORDER/JUDGMENT in CC 33/2016 OF JUDICIAL FIRST CLASS MAGISTRATE

¶9

COURT-II, KAYAMKULAM

¶10

REVISION PETITIONER:

¶11

NAZAR @ NIZAR @ NISSAR AGED 52 YEARS S/O.KOYAKUTTY, IDALIYA PARAMBIL, PULLIKKANAKKU P.O., KRISHNAPURAM, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT,, PIN - 690537 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE

¶12

RESPONDENTS:

¶13

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 RETNAKARAN AGED 63 YEARS S/O.KUNJUPANICKEN, KOLLAKAYIL, CHERAVALLY, KAYAMKUAM.P.O., KAYAMKULAM, ALAPPUZHA, PIN - 690537 BY ADVS. PUBLIC PROSECUTOR

¶14

Crl.R.P. 210 of 2023

¶15

¶16

GEORGE VARGHESE(PERUMPALLIKUTTIYIL) NIMESH THOMAS(K/1324/2018)

¶17

OTHER PRESENT:

¶18

SR.PP. RENJITH GEORGE

¶19

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Crl.R.P. 210 of 2023

V.G.ARUN J.

Crl.R.P. 210 of 2023

Dated this the 21st day of March 2023

¶25

O R D E R

¶26

The revision petitioner is the accused in CC No.33/2016 of the Judicial First Class Magistrate Court-II, Kayamkulam. The case originated from a complaint filed by the second respondent alleging commission of offence under Section 138 of the NI Act by the petitioner. The trial court on appreciation of the evidence and the legal contentions, found the petitioner guilty and convicted and sentenced to undergo SI till the rising of the court and to pay a fine of Rs.16,50,000/-. The fine if realised was ordered to be paid to the second respondent under Section 357(1)(b) of the Cr.P.C. Although the petitioner preferred an appeal, the appellate court refused to interfere with the findings of the trial court and consequently dismissed the appeal.

¶27

Today when the matter is taken up for consideration,

¶28

Crl.R.P. 210 of 2023

¶29

¶30

learned Counsel on either side submits that, pending this revision, the dispute was amicably settled and the parties have filed a petition for compounding(Crl.M.A.No.7/2023) and a petition seeking waiving the penalty(Crl.M.A.6/2023).

¶31

In view of the settlement and the offence under Section 138 of the N.I Act being quasi- criminal in nature, the prayer for compounding is allowed. The impugned judgments of trial and appellate courts are set aside and the revision petition is allowed and the petitioner acquitted. The bail bond is cancelled.

¶32

Sd/-

¶33

V.G.ARUN JUDGE

¶34

dpk

Nazar @ Nizar @ Nissar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nazar @ Nizar @ Nissar v. State of Kerala

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

Dameej Vs State of Kerala

Akhil Vs State of Kerala

Suresh Vs State of Kerala

Niyas.P.P Vs the State of Kerala

Viskons Projects, Vs Delhi Metro Rail Corporation

Devassia. V.P Vs State of Kerala