Allowed

Abdul Rasheed v. State of Kerala

Kerala HC25 Sept 2023Crl.Rev.Pet/938/2023

Case brief

AI extract

What is this about?

The Kerala High Court considered a criminal revision petition challenging a conviction for cheque dishonour. After confirming that the parties had voluntarily compounded the offence under Section 147 of the Negotiable Instruments Act, the court held the offence to be compounded, effectively acquitting the accused and setting aside the lower courts' conviction and sentence.

What did the court decide?

Conviction and sentence set aside; Revision Petitioner acquitted and released immediately.

Abdul Rasheed 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 N.NAGARESH

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MONDAY, THE 25^TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945

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CRL.REV.PET NO. 938 OF 2023

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AGAINST THE ORDER/JUDGMENT CC 389/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA CRA 39/2013 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, MANJERI / II ADDITIONAL MACT, MANJERI

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REVISION PETITIONER/APPELLANT/ACCUSED:

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ABDUL RASHEED, AGED 39 YEARS, S/O KUNHI MOIDEEN, VELOOR HOUSE, THOZHUVANOOR, KAVUMPURAM, VALANCHERI, MALAPPURAM, PIN - 676552

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BY ADVS. P.C.ANIL KUMAR P.SREESHA

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RESPONDENTS/COMPLAINANT AND STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2 P.G. SUDEER, S/O GOVINDAN NAIR, PUNCHATH HOUSE, KOLATHUR PO,MALAPPURAM, PIN - 636303

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BY ADVS. SRI.MANU M THOMAS SMT.S.SOUMYA ISSAC(K/000462/2011) M.P. PRASANTH, PUBLIC PROSECUTOR FOR R1

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Crl.R.P. No.938/2023

: 2 :

N. NAGARESH, J.

Crl.R.P. No.938 of 2023

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Dated this the 25^th day of September, 2023

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O R D E R

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~ ~ ~ ~ ~ ~

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This Criminal Revision Petition has been filed

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under Sections 397 and 401 of the Code of Criminal Procedure, 1973 challenging the judgment dated 20.10.2017 in Criminal Appeal No.39/2013 on the files of the Additional Sessions Court-II, Manjeri confirming the judgment dated 31.01.2013 in C.C. No.389/2010 of the Judicial First Class Magistrate Court-I, Perinthalmanna.

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The revision petitioner, who is the accused in C.C. No.389/2010 of the Judicial First Class Magistrate Court-I, Perinthalmanna, was convicted and sentenced to undergo simple imprisonment for a period of three months and was directed to pay ₹15 lakhs as compensation under

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Crl.R.P. No.938/2023

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: 3 :

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Section 357(3) Cr.P.C. The criminal appeal filed by the petitioner against the judgment in C.C. No.389/2010 was dismissed by the Additional Sessions Court-II, Manjeri.

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The 2^nd respondent-de facto complainant alleged that the revision petitioner has issued a cheque for ₹15 lakhs which has been dishonoured for want of sufficient funds. Now, the petitioner and the 2^nd respondent both of whom are represented through respective counsel submit that they have settled the matter out of court and have filed an application for compounding the offences as Crl.M.A. No.2/2023 under Section 147 of the Negotiable Instruments Act, 1881.

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I have perused the Compounding Petition. The Compounding Petition appears to have been filed by the parties voluntarily. A perusal of the Compounding Petition would show that now the dispute has been settled between the parties and the 2^nd respondent does not want to proceed with the case any further.

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Crl.R.P. No.938/2023

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: 4 :

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In the above circumstances, the offence stands

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compounded. The composition will have the effect of acquittal of the accused under Section 320(8) of the Code of Criminal Procedure, 1973. In view of the composition, the conviction and sentence passed by the courts below are hereby set aside and the revision petitioner is acquitted accordingly. The revision petitioner shall be released immediately.

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The Criminal Revision Petition is disposed of as

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above.

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Sd/-

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N. NAGARESH, JUDGE

aks/25.09.2023

Crl.R.P. No.938/2023

: 5 :

APPENDIX OF CRL.REV.PET 938/2023

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PETITIONER'S ANNEXURES

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ANNEXURE A1 A CERTIFIED COPY OF JUDGEMENT DATED 31.01.2013 IN CC 389/2020 OF THE HON'BLE JFCM -I PERINTHALAMANNA. ANNEXURE A2 A CERTIFIED COPY OF JUDGEMENT DATED 20.10.2017 IN CRL.A 39/2013 OF THE HON'BLE ADDL SESSIONS COURT-II MANJERI.

Abdul Rasheed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Rasheed v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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