Kerala High Court
Oomen Kurian vs State Of Kerala on 12 April, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 12th DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
CRL.REV.PET NO. 430 OF 2024
AGAINST THE JUDGMENT DATED 30.03.2007 IN CRA NO.675 OF 2005 OF
ADDITIONAL SESSIONS COURT, FAST TRACK COURT (ADHOC)-II,
KOTTAYAM ARISING OUT OF THE JUDGMENT DATED 31.10.2005 IN ST
NO.599 OF 2004 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KANJIRAPPALLY
REVISION PETITIONER/APPELLANT/ACCUSED:
OOMEN KURIAN, AGED 49 YEARS,
SON OF SRI. KURIAN OOMEN, THADATHILPARAMBIL HOUSE,
COLLECTORATE P.O., MUTTAMBALAM KARA,
MUTTAMBALAM VILLAGE, KOTTAYAM DISTRICT,
KERALA, PIN - 686001
BY ADV LUKE J CHIRAYIL
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 VINOD GEORGE, AGED 55 YEARS,
SON OF SRI. GEORGE, MANGALAPPADIYIL HOUSE,
ATTICKAL, PONKUNNAM, KOTTAYAM DISTRICT, KERALA, PIN
- 686506
R1 BY PUBLIC PROSECUTOR SRI. SANGEETHARAJ N.R.
R2 BY ADV. ANJALI NARAYANAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P.No.430 of 2024 2
ORDER
It is against the judgment of conviction for the offence punishable under Section 138 of the Negotiable Instruments Act by the trial court and the first appellate court, the accused came up in revision. After the passing of the judgment of conviction by the trial court and the first appellate court, the matter was amicably settled between the parties and they have entered into a compromise signed by both the parties, which was produced along with the revision. It was admitted by the learned counsel for the second respondent Smt.Anjali Narayanan, who took notice for the second respondent and filed Vakkalath. It is submitted that by that time, the accused was arrested and detained and subsequently released. The terms and conditions of the agreement entered into by the parties under the compromise would satisfy the requirements of a compounding petition. Hence, the Crl.R.P.No.430 of 2024 3 same will stand accepted, especially when it was endorsed properly by the learned counsel for the second respondent Smt.Anjali Narayanan. The offence will stand compounded and it will have the effect of acquittal of the accused from all charges. The accused is acquitted and set at liberty. The bail bond, if any executed will stand cancelled.
The Criminal Revision Petition will stand allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE DMR/-
Crl.R.P.No.430 of 2024 4
APPENDIX OF CRL.REV.PET 430/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 18.03.2024 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT Annexure A2 TRUE COPY OF THE ORDER DATED 21.03.2024 IN CRL M.C. NO. 2841/2024 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM // TRUE COPY // P.A. TO JUDGE