Muhammed Hussain vs Ramala Beevi

Citation : 2022 Latest Caselaw 6837 Ker
Judgement Date : 14 June, 2022

Kerala High Court
Muhammed Hussain vs Ramala Beevi on 14 June, 2022
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
          Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944

            CRL.M.APPL.NO.1/2022 IN CRL.REV.PET NO. 718 OF 2021

        CRL.A.NO. 92/2020 OF ADDITIONAL SESSIONS COURT - IV, KOLLAM


ST.NO. 38/2016 OF COURT OF JUDICIAL FIRST CLASS MAGISTRATE-I, SASTHAMCOTTA,
                                  KOLLAM.

PETITIONERS/REVISION PETITIONER & 1ST RESPONDENT

  1. MUHAMMED HUSSAIN, S/O. HAMEEDKUTTY, THUFUSI MANZIL, PULLIKKANAKKU
     P.O., KAYAMKULAM NOW RESIDING AT C/O. SUBAIR, KHOUDA SOUND, T.E.H
     SHOP, MARKET JUNCTION, KAYAMKULAM P.O., ALAPPUZHA.
  2. RAMALA BEEVI, SUNILA BHAVAN, AYIKUNNAM, SOORANADU SOUTH VILLAGE,
     KOLLAM

RESPONDENT/2ND RESPONDENT

     STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
     KERALA, ERNAKULAM-682031.

     Application praying that in the circumstances stated therein the
High Court be pleased to compound the offence, set aside the judgment dtd.
11-08-2021 in Crl.Appeal No.92/2020 on the files of the Additional
Sessions Judge-IV, Kollam confirming the conviction and sentence passed in
judgment dtd 06-10-2020 in ST 38/2016 on the files of the Judicial
Magistrate of First Class, Sasthamcotta and acquit the 1st petitoner
herein.
     This Application coming on for orders upon perusing the application
and this court's order dated 3.6.2022 in Crl. M.A. 1/2021, and upon
hearing the arguments of K.S.HARIHARAPUTHRAN, S.R.PRASANTH & BHANU THILAK,
Advocates for the petitioners and of PUBLIC PROSECUTOR for the
 respondent, the Court passed the following:
                             MARY JOSEPH, J
              ----------------------------------------------
                        Crl.M.A.No.01 of 2022
                                    in
                        Crl.R.P.No.718 of 2021
              -----------------------------------------------

                Dated this the 14th day of June, 2022


                               ORDER

A petition is filed as Crl.M.A.No.01/2022 in the revision on hand under Section 147 of the Negotiable Instruments Act, 1881 (for short 'NI Act') by both parties stating that the issues involved among them have been amicably settled and the amount directed to be paid as fine is paid by the revision petitioner to the 1 st respondent.

3. Compounding having been opted at the stage of revision, on the basis of the directives issued by the Apex Court in Damodar S.Prabu vs. Sayed Babalal H (2010 (2) KHC 428), the revision petitioner shall remit 15% of Rs.2,00,000/- as compounding fee at the office of the Kerala State Legal Services Authority functioning at Crl.M.A.No.1/2022 in Crl.R.P.No.718/2021 2 High Court of Kerala, Ernakulam and produce the receipt evidencing such payment on or before 17.06.2022.

Post on 17.06.2022.

Sd/-

MARY JOSEPH JUDGE NAB 14-06-2022 /True Copy/ Assistant Registrar