IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
CRL.REV.PET NO. 323 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 2.1.2004 IN CC 3391/2003 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I MUVATUPUZHA
CRA 279/2004 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, ERNAKULAM
REVISION PETITIONER/APPELLANT/ACCUSED:
P.K. VIJAYAN
AGED 61 YEARS
SON OF AYYARUKUNJAN, GOVT. HOMEO HOSPITAL, KAVUMKARA,
VELLOORKUNNAM, QR. NO. 37, NGO QUARTERS, MUVATTUPUZHA NOW
RESIDING AT PULICKAPPARAYIL HOUSE, KUNNACKAL.P.O.,
VALAKOM, MUVATTUPUZHA, PIN - 682316
BY ADVS.
C.P.UDAYABHANU
NAVANEETH.N.NATH
RESPONDENT/S:
1 JOSEPH
AGED 66 YEARS
SON OF DEVASYA, PULINJUNNEL HOUSE, VAZHAPPILLY KARA,
VELLOORKUNNAM, VILLAGE., PIN - 686673
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADVS.
AJAY. P.R.
PUBLIC PROSECUTOR
OTHER PRESENT:
SRI G SUDHEER,PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.R.P.323/2022 &
Crl.M.A.1/2022 2
ORDER
Dated this the 26th day of May, 2022.
This revision is filed challenging concurrent findings of guilt of the revision petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short the N.I.Act) and the orders of conviction and sentence passed consequently. During the pendency of the revision petition, both parties settled the issues involved in the case amicably and an application is filed jointly under Section 147 N.I.Act seeking to compound the offence. The application is found signed by both the parties and their respective counsel.
In the above circumstances, this Court is inclined to allow the revision. The judgments under challenge are set aside. The Crl.M.A.1/2022 stands allowed and the offence under Section 138 N.I. Act is compounded and the petitioner is acquitted.
Sd/-
MARY JOSEPH JUDGE al/-.