Allowed

Santhosh v. State of Kerala

Kerala HC12 Jun 2023Crl.Rev.Pet/881/2018

Case brief

AI extract

What is this about?

Revision petitioner convicted under Section 138 NI Act sought acquittal. Post-mediation settlement where petitioner offered Rs. 19 lakh, money was paid. Court allowed civil revision, set aside conviction and sentence, acquitted petitioner, and directed refund of deposits.

What did the court decide?

Petitioner acquitted; conviction and sentence set aside; bail bonds discharged; refund of deposits directed.

Santhosh 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.REV.PET NO. 881 OF 2018

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AGAINST THE ORDER/JUDGMENT IN ST 12/2014 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - II, KARUNAGAPPALLY

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CRA 88/2016 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI,

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KOLLAM/ V ADDL.MACT

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REVISION PETITIONER/S:

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SANTHOSH

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S/O.GOPALAKRISHNA PILLAI, SANTHOSH BHAVAN,PALLIMURI,
CHATHAKKULAM P.O., KUNNATHUR.

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BY ADV J.OM PRAKASH

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RESPONDENT/S:

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

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2 SHIVARAMA PILLAI AGED 68 S/O.KESHAVA PILLAI, PUTHOOR VEEDU,ADINADU SOUTH, ADNIADU,KARUNAGAPPALLY, PIN-690 518.

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BY ADVS.
Harikumar T.S
P.B.SAHASRANAMAN(K/121/1984)

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION

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ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.R.P No.881 of 2018

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O R D E R

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Dated this the 12^th day of June, 2023

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The petitioner is the accused in S.T No.12/2014 on the

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files of the Judicial First Class Magistrate Court-II, Karunagappally. The case arose from a complaint filed by the 2^nd respondent alleging commission of offence under Section 138 of the Negotiable Instruments Act. The trial Court, after appreciation of evidence and consideration of the legal contentions, found the petitioner guilty and thereupon convicted and sentenced him to undergo simple imprisonment for three months and to pay fine of Rs.12,00,000/-. The appeal filed by the petitioner challenging the conviction and sentence having been dismissed, the revision petition is filed.

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2.Pending the revision petition, the parties were referred to the mediation. Therein the parties came to a settlement, based on the petitioner’s offer to pay Rs. 19,00,000/- to the 2^nd respondent.

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Learned Counsel on either side submitted that the amount was paid. Learned counsel for the petitioner submitted that, based on the direction of the appellate Court, an amount of Rs.1,00,000/- was deposited on 04.07.2016 and based on this Court’s direction in the revision, further amount of Rs. 2,40,000/was deposited on 08.08.2018. It is submitted that the said

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Crl.R.P No.881 of 2018

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amounts should be directed to be refunded to the revision petition.

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The petitioner having paid an amount of Rs. 19,00,000/- in terms of the settlement, the criminal revision petition is allowed, the judgments of the trial and appellate courts are set aside and the revision petitioner is acquitted. The bail bonds executed by the petitioner and the sureties will stand discharged. The trial court shall refund the amounts deposited by the petitioner, based on the direction of the appellate and revisional courts, on production of a certified copy of this judgment.

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Sd/V.G ARUN JUDGE

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Santhosh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Santhosh 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

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