Criminal Appeal No. 692 of 1999 · Kerala High Court
Case at a glance
Outcome
Disposed of
The appeal is disposed of as above
Provisions considered
Key paragraphs
- Para 77.I make it clear that if the parties fail tocompound, as above, the learned Magistrate shall passappropriate orders, as per law, taking into account the Crl.A.692/19993amount, if any, proved to be paid to the complainant. The appeal is disposed of as above.J.M.JAMESJUDGEmrcs
Judgment
J.M.JAMES, J.--------------CRL.A.692/1999------------------DATED THIS THE 29TH DAY OF SEPTEMBER, 2006JUDGMENTThe complainant, in S.T.No.202/1997 on thefile of the Chief Judicial Magistrate Court, Alappuzha, isthe appellant. The complaint was preferred under Section138 of the Negotiable Instruments Act, in short 'the Act'.After considering the evidence adduced by the parties, the learned Magistrate found the accused not guilty andtherefore, acquitted him. Hence this appeal.
When the matter came up for consideration, the counsel on either side submitted that the case wastaken up for Adalath, by the Legal Services Authority andthe matter had been settled. However, the order do notspecifically state about the amount to be paid. It is furthersubmitted that the amount, due to the complainant, waspaid by the accused, through the counsel. But the samehad not been received by the complainant.
Because of the decree passed in the civil suit, Crl.A.692/19992an execution petition had been preferred and the same isalso pending. Counsel on either side therefore, submitthat an opportunity may be given to the parties to workout the remedy and compound the matter, as per the Act. 4. In the above facts situation, I set aside thejudgment dated 24.7.1999 and restore S.T.No.202/1997on the file of the Chief Judicial Magistrate Court, Alappuzha.
The parties shall appear before the Courtbelow, on 19.10.2006.
The learned Magistrate shall give anopportunity to the parties to compound the matter, according to the provisions of the Act. This shall be doneat the earliest, in any case, within one month from thedate of production/receipt of a copy of this judgment.
Operative part
I make it clear that if the parties fail tocompound, as above, the learned Magistrate shall passappropriate orders, as per law, taking into account the Crl.A.692/19993amount, if any, proved to be paid to the complainant. The appeal is disposed of as above.J.M.JAMESJUDGEmrcs
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is disposed of as above
Which statutory provisions did this judgment involve?
Negotiable Instruments Act, 1881 — s. 138.
Which court decided this case, and when?
Kerala High Court, on 24 Jul 1999. The bench was M JAMES.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.