Kerala High Court
Noushad vs Sumesh P.V on 7 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G. GIRISH
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
CRL.REV.PET NO.487 OF 2024
AGAINST THE JUDGMENT DATED 19.01.2023 IN CRA NO.195 OF 2019
OF ADDITIONAL SESSIONS COURT (ADHOC) III, MANJERI
ARISING OUT OF THE JUDGMENT DATED 04.10.2019 IN S.T.NO.2220
OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
REVISION PETITIONER/APPELLANT/ACCUSED IN CUSTODY:
NOUSHAD
AGED 49 YEARS, S/O ABOOBACKER, KUNHIMEENTEKATH
HOUSE, PURANG.P.O, PONNANI TALUK, MALAPPURAM
DISTRICT,, PIN - 689 584
BY ADV K.S.SAJEEV KUMAR
RESPONDENT/DEFACTO COMPLAINTANT& STATE:
1 SUMESH P.V
S/O VELAYUDHAN, PARAYAN VALAPPIL HOUSE, AYILAKKAD,
PONNANI TALUK, MALAPPURAM DISTRICT., PIN - 679576
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
BY ADVS.
Anish K A
K.HABEEBULLA(K/1102/1993)
SMT NIMA JACOB, PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 07.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
Crl.Rev.Pet.No.487 of 2024
G. GIRISH, J.
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Crl.Rev.Pet. No.487 of 2024
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Dated this the 7th day of May, 2024
ORDER
The accused in S.T. No.2220 of 2014 on the files of the Judicial First Class Magistrate Court, Ponnani has filed this revision petition against the concurrent findings of the conviction and sentence by the Trial Court and the Appellate Court in respect of the offence under Section 138 of Negotiable Instruments Act attributed against him.
2. Now, the issue involved is said to have been settled between the parties. Crl.M.A.No.1 of 2024 is accordingly filed jointly by the revision petitioner and the 1 st respondent for compounding the offence.
3. Having regard to the facts stated in the aforesaid application as well as the affidavit filed by the 1 st respondent, who is the defacto complainant in S.T.No.2220 of 2014 of the Judicial First Class Magistrate Court, Ponnani, I deem it appropriate to dispose of the matter in accordance with the composition of the offence.
4. In the result, this Criminal Revision Petition is 3 Crl.Rev.Pet.No.487 of 2024 disposed of as follows:-
i) The offence involved in this case is found to have been lawfully compounded between the parties.
ii) The conviction and sentence of the revision petitioner/accused by the Trial Court, which have been upheld in the appeal, are hereby set aside.
iii) The revision petitioner/accused is acquitted under Section 320(8) of the Criminal Procedure Code read with Section 147 of the Negotiable Instruments Act.
iv) The revision petitioner/accused will be entitled for the release of the amount, if any, deposited before the Trial Court in accordance with the direction of the Appellate Court while admitting the appeal, which was filed as Crl.A.No.195 of 2019 before the Additional Sessions Court, Manjeri.
v) Communicate this order to the prison where the revision petitioner/accused is presently lodged for his immediate release, if he is not under detention in connection with any other cases.
Sd/-
G. GIRISH, JUDGE ded