P.K.Jayan v. N.Hamsa
Case brief
What is this about?
The High Court allowed a criminal revision petition seeking permission to compound an offence under the Negotiable Instruments Act. Upon settlement, the court acquitted the accused, set aside the conviction and sentence, and discharged bail bonds.
What did the court decide?
Revision petition allowed; offence compounded; conviction and sentence set aside; accused acquitted; bail bonds discharged.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF JULY 2023 / 29TH ASHADHA, 1945 CRL.REV.PET NO. 376 OF 2021
CRA 492/2006 OF SESSIONS COURT, PALAKKAD ST 4600/2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
MANNARKAD
REVISION PETITIONER/S:
P.K.JAYAN AGED 54 YEARS S/O KRISHNAN, PARUTHIKKATTIL HOUSE, P.O.ANJALITHANAM, KAVIYOOR, PATHANAMTHITTA DISTRICT BY ADV B.PRAMOD
RESPONDENT/S:
1 N.HAMSA S/O NEERANI KUNHEEDU, KOTTIYODU, VIYYAKURUSSI AMSOM DESOM, MANNARKKAD TALUK. 2 STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADVS. PHILIP T.VARGHESE THOMAS T.VARGHESE ACHU SUBHA ABRAHAM K.R.MONISHA V.T.LITHA M.F.MOHAMMOD SIYAD
OTHER PRESENT:
Issues for consideration
2 issues framed by the court
Whether the revision petition for permission to compound the offence under Section 138 of the Negotiable Instruments Act should be allowed.
Whether the earlier conviction and sentence of imprisonment should be set aside upon the settlement of the compoundable offence.
Parties & counsel
- petitioner
P.K. Jayan
- respondent
N. Hamsa
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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