✦ Kerala High Court · 09 Jun 2009

Criminal Revision Petition No. 1255 of 2009 · Kerala High Court · 2009

Criminal Revision Petition No. 1255 of 2009THOMAS P JOSEPH

Case at a glance

Outcome

Disposed of

Criminal Revision Petition is disposed of as above

Key paragraphs

  • Para 33. It is seen from application No.5286/2009 that parties have settled the dispute out of court. There is no reason to think that the composition is not voluntary. Offence under Section 138 of the Act is made compoundable under Section 147 of the Act. Hence…

Judgment

THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl. Rev. Pet. No. 1255 of 2009() ------------------------------ AGAINST JUDGMENT IN CRA.23/2006 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.665/2003 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: ------------------------------------------------------ K. RAMACHANDRAN PILLAI, VAZHAPPALLIL HOUSE, KOZHUVALLOOR P.O., CHENGANNUR. BY ADV. MR..K.S.MOHAMED HASHIM RESPONDENT(S)/RESPONDENTS/COMPLAINANT: ----------------------------------------------------------

2.

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. T.C. ABRAHAM, AMPOLIL HOUSE, IRANIKUDY P.O., NOORANADU, PANDALAM. ADV. SRI.T.R.RENJITH FOR R2 PUBLIC PROSECUTOR MR. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------------ Crl.R.P.NO. 1255 OF 2009 ---------------------------------------- Dated this the 9th day of June, 2009 ORDER This revision is in challenge of judgment of learned Additional Sessions Judge I, Mavelikara in Crl. Appeal No.23/2006 confirming conviction and modifying sentence for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”).

2. Petitioner and respondent No.2 filed Crl.M.A.No. 5286/2009 reporting settlement and seeking permission to compound the offence.

Operative part

3.

It is seen from application No.5286/2009 that parties have settled the dispute out of court. There is no reason to think that the composition is not voluntary. Offence under Section 138 of the Act is made compoundable under Section 147 of the Act. Hence permission is granted and Crl.M.A.5286/2009 is allowed. Composition entered between the petitioner and respondent No.2 is accepted and that shall have effect of acquittal of the petitioner under Section 320(8) of Code of Criminal Procedure. Criminal Revision Petition is disposed of as above. Acd THOMAS P. JOSEPH, JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Criminal Revision Petition is disposed of as above

Which statutory provisions did this judgment involve?

Negotiable Instruments Act, 1881 — s. 138; Code of Criminal Procedure, 1973 — s. 320(8).

Which court decided this case, and when?

Kerala High Court, on 09 Jun 2009. The bench was THOMAS P JOSEPH.

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status (search case no. Criminal Revision Petition No. 1255 of 2009). ← Search more judgments