Allowed

Mujeeb M.S v. Muthoot Vehicles and Asset Finance Ltd.

Kerala HC20 Sept 2023Crl.Rev.Pet/534/2011

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal revision petition challenging a conviction and sentence under Section 138 of the Negotiable Instruments Act. Upon a settlement and composition application filed by the parties, the court set aside the lower courts' concurrent convictions and acquitted the appellant under Section 147 of the N.I. Act read with Section 320(8) of the Cr.P.C., cancelling the bai

What did the court decide?

Crl.M.A. No.1/2023 was allowed; conviction and sentence set aside; appellant acquitted under Section 147 N.I. Act r/w Section 320(8) Cr.P.C.; bail bonds cancelled.

Mujeeb M.S Vs Muthoot Vehicles and Asset Finance Ltd. — Cheque Dishonour | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶4

WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945

¶5

CRL.REV.PET NO. 534 OF 2011

¶6

AGAINST THE JUDGMENT IN CRA 578/2009 OF ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT-I, ALAPPUZHA

¶7

CC 82/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS -

¶8

II(MOBILE),ALAPPUZHA

¶9

REVISION PETITIONER/APPELLANT/ACCUSED:

¶10

MUJEEB M.S, S/O SATHAR, AGED 34 YEARS, CHEMMOTH VEEDU,
THONDANKULANGARA, ALAPPUZHA.

¶11

BY ADV SRI.G.PRIYADARSAN THAMPI

¶12

RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:

¶13

1 MUTHOOT VEHICLES AND ASSET FINANCE LTD(FORMERLY MUTHOOT LEASING AND FINANCE LTD.),, REP. BY ITS POWER OF ATTORNEY HOLDER ROSHY THOMAS,, ASST. BRANCH MANAGER, ALAPPUZHA.

¶14

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

¶15

BY ADV SRI.SABU S.KALLARAMOOLA

¶16

OTHER PRESENT:

¶17

SR PUBLIC PROSECUTOR SMT PUSHPALATHA M K

¶18

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 20.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

Crl.R.P NO.534 OF 2011 2

¶20

Dated this the 20^th day of September, 2023

¶21

ORDER

¶22

The revision petition is filed challenging the correctness and propriety of the judgment passed by the Court of the Additional Sessions Judge, (Fast Track-I), Alappuzha in Crl.Appeal No.578/2009, which in turn had confirmed the judgment of the Court of the Judicial First Class Magistrate-II, Alappuzha, in C.C.No.82/2009, convicting the revision petitioner for an offence under Section 138 of the Negotiable Instruments Act, (in short N.I. Act) and sentencing him to pay a fine of Rs.1,00,000/-. The revision petitioner was the accused and the first respondent was the complainant before the Trial Court.

¶23

Today, when the revision petition was taken up for consideration, the learned counsel appearing for the revision petitioner and the first respondent submitted

¶24

Crl.R.P NO.534 OF 2011 3

¶25

that the subject matter in dispute between the parties has been settled and the parties have filed a composition application as Crl.M.A. No.1/2023 in the revision petition. Hence, the revision petition may be allowed, by compounding the offence as provided under Section 147 of the N.I. of the Act r/w Section 320(1) of the Code of Criminal Procedure (in short, ‘Cr.P.C.’).

¶26

I have perused the compounding petition dated 15.9.2023, signed by the parties and counter signed by the respective counsel. I find that the application has been voluntarily executed by the parties, on their own free will and volition and is in accordance with law.

¶27

In the light of the settlement arrived at between the parties, the offence committed by the revision petitioner is only to be compounded.

¶28

In the result,

¶29

(i) Crl.M.A. No.1/2023 is allowed;

¶30

(ii) In the light of the composition, the revision petition is allowed, by setting aside the concurrent

¶31

Crl.R.P NO.534 OF 2011 4

¶32

convictions and sentence imposed by the courts below;

¶33

(iii) The revision petitioner is acquitted under

¶34

Section 147 of the N.I.Act r/w 320 (8) of the Cr.P.C. and the bail bonds executed in the above case shall stand

cancelled.

Sd/-

C.S.DIAS, JUDGE

rmm20/9/2023

Mujeeb M.S v. Muthoot Vehicles and Asset Finance Ltd.

Case brief

What is this about?

What did the court decide?

Mujeeb M.S v. Muthoot Vehicles and Asset Finance Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Rahim Vs a.R.M.Yakub and Another

P.Rahim Vs Sajitha Banu and Anor.

P.Rahim Vs A.R.M. Yakub and Anr.

C.Y.Paulose Vs C.Y.Issac

Mohanan Vs State of Kerala

P.J. Kurian Vs Kishor Cyriac