Kerala High Court
Mathew Oomen vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.REV.PET NO. 406 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.REV.PET NO. 406 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 27.01.2024 IN CRA NO.53 OF
2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
PATHANAMTHITTA / III ADDITIONAL MACT ARISING OUT OF THE
ORDER/JUDGMENT DATED 14.07.2022 IN ST NO.2431 OF 2016 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
REVISION PETITIONER/S:
MATHEW OOMEN
AGED 64 YEARS
S/O. V. G. OOMMEEN, MEMANA HOUSE, MARAMON P.O,
THOTTAPPUZHASSERY VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA, PIN - 689549
BY ADVS.
S.MUHAMMED HANEEFF
M.H.ASIF ALI
ARAVIND T RAMESH
RAJANA JOSE
ASHIK ALI M.H.
RESPONDENT/S:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 AMMINI OOMMEN
AGED 77 YEARS
W/O. LATE GEORGE OOMMEN, PADIKKAMMANIL HOUSE,
CHIRAYIRAMBU P.O, MARAMON MURI, THOTTAPPUZHASSERY
VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA- 689549,
CRL.REV.PET NO. 406 OF 2024 2
NOW RESIDING AT PARAYADIL HOUSE, KANNANKARA,
PATHANAMTHITTA P.O, PATHANAMTHITTA, PIN - 689645
BY ADVS.
JOSEPH GEORGE
NIKITA NAIR C.S.
VIVEKJOS PUTHUKULANGARA
OTHER PRESENT:
SMT. SHEEBA THOMAS PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CRL.REV.PET NO. 406 OF 2024 3
P.V.KUNHIKRISHNAN, J
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Crl.R.P. No. 406 of 2024
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Dated this the 23rd day of April, 2024
ORDER
This Crl. R.P. is filed challenging the judgment dated 27.01.2024 in Cr. Appeal No. 53/2022 of the Addl. District and Sessions Judge-III, Pathanamthitta and also the judgment dated 14.07.2022 in ST No.2431/2016 on the file of the Judicial First Class Magistrate Court-II, Pathanamthitta. The revision petitioner was convicted and sentenced under Sec.138 of the Negotiable Instruments Act.
2. Now, it is submitted by both sides that the matter is settled between the parties and a compounding petition is filed as Crl.M.A. No.2/2024. This Court perused the compounding petition. Considering the facts and CRL.REV.PET NO. 406 OF 2024 4 circumstances of this case, I think the compounding petition can be allowed and the conviction and sentence imposed on the revision petitioner can be set aside.
Therefore, this Crl.Rev.Petition is disposed of with the following directions :
1) Crl.M.A. No.2/2024 is allowed.
2) The conviction and sentence imposed on the revision petitioner as per the judgment dated 14.07.2022 in ST No. 2431/2016 of the Judicial First Class Magistrate Court-II, Pathanamthitta and the judgment dated 27.01.2024 in Crl.Appeal No. 53/2022 of the Addl.
District and Sessions Judge-III, Pathanamthitta are set aside.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS