CRL.MC No. 744 of 2012 · Kerala High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 320(8), 482
- Negotiable Instruments Act, 1881 s. 138
Judgment
CRMC.NO.744/2012 APPENDIXPETITIONER'S ANNEXURES:ANX.A1COPY OF THE APPLICATION C.M.P. NO. 5562/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PUNALUR.ANX.A2COPY OF THE OBJECTIONS DATED 29-7-2011 IN C.M.P. NO. 5562/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PUNALUR.ANX.A3TRUE PHOTOSTAT COPY OF THE ORDER DATED 4-8-2011 IN C.M.P. NO. 5562/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PUNALUR. RESPONDENTS' ANNEXURES:N I L /TRUE COPY/P.A.TO JUDGE Kss A.HARIPRASAD, J.------------------------------------------------Crl.M.C No.744 of 2012 ------------------------------------------------Dated this the 8th day of August, 2014.
O R D E RPetition filed under Section 482 Cr.P.C. Heard the learned counsel for the revision petitioner and the first respondent. Thesubject matter of the revision is the judgment passed by the learned Additional Sessions Judge (Ad hoc-I), Ernakulam in Crl. Appeal No.170/2011, wherein the conviction of the revision petitioner under Section 138 of the Negotiable Instruments Act,1881 (in short ' the N.I Act') awarded by the learned trialMagistrate was confirmed. Learned counsel appearing on both sides submitted that the parties have settled the matter. Crl.M.Appl. No.4946 of 2014 is filed under Section 147 of N.IAct seeking permission of this Court to compound the offence. The said application is allowed. The parties are permitted to compound the offence on the basis of the settlement. 2. Learned counsel for the revision petitioner requested for release of Rs.20,000/- (Rupees twenty thousand only) Crl.M.C No.744 of 2012 2deposited by him as a condition for obtaining stay in appeal. Learned counsel for the complainant has no objection in allowing it. Hence, it is directed that the said amount shall be refunded to the revision petitioner. In the result, the revision petition is allowed. Theimpugned judgment passed by the learned Additional SessionsJudge is set aside. Revision petitioner/accused is acquitted under Section 320(8) Cr.P.C. All pending interlocutory applications will stand dismissed. Sd/- A.HARIPRASAD, JUDGE.amk//True copy//P.A to Judge
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.