Allowed

M.M. Asokan v. State of Kerala

Kerala HC20 Jul 2023Crl.Rev.Pet/434/2022

Case brief

AI extract

What is this about?

In Crl.R.P.Nos. 434 of 2022 and associated complaints, the High Court allowed the revision petition after permitting compounding of an offence under the Negotiable Instruments Act. Consequently, the trial and appellate judgments were set aside, the revision petitioner was acquitted, and bail bonds were discharged.

What did the court decide?

Revision petition allowed; judgments of lower courts set aside; revision petitioner acquitted; bail bonds discharged.

M.M. Asokan 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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THURSDAY, THE 20^TH DAY OF JULY 2023 / 29TH ASHADHA, 1945

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CRL.REV.PET NO. 434 OF 2022

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CRA 4/2018 OF ADDITIONAL SESSIONS COURT (ADHOC)-II,

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THODUPUZHA

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ST 610/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS,

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(MUNSIFF MAGISTRATE COURT), ADIMALI

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REVISION PETITIONER/S:

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M.M. ASOKAN AGED 56 YEARS S/O.MADHAVAN, MARUTHOLIL HOUSE, MANIYARA BHAGAM, THINKALKAD KARA, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685554 BY ADV BABU S. NAIR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 P.M. MAHENDRAN S/O.MADHAVAN, PULITHANATH HOUSE, MANIYARA BHAGOM, THINKALKADUKARA, KONNATHADI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685584 BY ADVS. PUBLIC PROSECUTOR S.K. SAJU

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OTHER PRESENT:

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SR.PP.RENJITH GEORGE

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED

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THE FOLLOWING:

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Crl.R.P.No.434 of 2022

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-2-

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ORDER

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Dated this the 20^th day of July, 2023

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The revision petitioner is the accused in S.T.Case No.610 of 2014 on the files of the Judicial First Class Magistrate Court, Adimaly. The case originated from a complaint filed by the second respondent, alleging commission of the offence under Section 138 of the N.I.Act by the revision petitioner.

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The trial court, on appreciation of

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evidence and consideration of the legal

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contentions, found the revision petitioner guilty and thereupon, convicted and sentenced him to undergo simple imprisonment for three months and to pay Rs.62,200/- as fine. The appellate court, after re-appreciation of evidence and reconsideration of the legal contentions, dismissed the appeal, confirming the finding of guilt and conviction.

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Crl.R.P.No.434 of 2022

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-3-

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jointly by the revision petitioner and the second respondent herein, seeking permission to compound the offence and record the composition. The prayer in Crl.M.A.No.2 of 2023 for waiver of cost

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for compounding the offence is allowed, considering that the revision petitioner and second respondent are acquaintances and the cheque amount is only Rs.62,200/-.

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In view of the settlement and the offence under Section 138 of the NI Act being

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compoundable under Section 147, the prayer for compounding is allowed. Consequently, the revision petition is allowed, the judgments of the trial and appellate courts are set aside and the revision petitioner, acquitted. The bail bonds executed by the revision petitioner and sureties will stand discharged.

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Sd/-

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V.G.ARUN JUDGE

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Scl/

M.M. Asokan v. State of Kerala

Case brief

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M.M. Asokan v. State of Kerala

Case brief

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