Ishaq T vs M/S. Shriram Finance Limited

Kerala High Court

Ishaq T vs M/S. Shriram Finance Limited on 21 May, 2024

Author: P.Somarajan

Bench: P.Somarajan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                     CRL.REV.PET NO. 376 OF 2024
  AGAINST THE JUDGMENT DATED 06.10.2009 IN CRA NO.494 OF 2008 OF
           ADDITIONAL SESSIONS COURT (ADHOC)-II, KOZHIKODE
  AGAINST THE JUDGMENT DATED 05.05.2008 IN ST NO.160 OF 2006 OF
           JUDICIAL MAGISTRATE OF FIRST CLASS -IV,KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:

            ISHAQ T.,
            AGED 51 YEARS
            S/O. BEERANKUNJU THALAKKALAKATH HOUSE,
            KADALUNDY NAGARAM P.O. VALLIKUNNU, ARIYALLOOR VILLAGE
            MALAPPURAM, PIN - 673314
            BY ADV V.BOVAN CHERIAN VARKEY


RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE:

    1       M/S. SHRIRAM FINANCE LIMITED
            FORMERLY KNOWN AS M/S. SHRIRAM INVESTMENT LIMITED
            REPRESENTED BY POWER OF ATTORNEY HOLDER PRAKASH S/O. K.
            MADHAVAN, AGED 22 YEARS SREEPADAM BUILDING CALICUT 673
            032 NOW FUNCTIONING AT M/S. SHRIRAM FINANCE LIMITED 2ND
            FLOOR, CITY MALL OPPOSITE Y.M.C.A.,
            KANNUR ROAD KOZHIKODE REPRESENTED BY ITS AUTHORISED
            SIGNATORY, PIN - 673001
    2       STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH
            COURT OF KERALA ERNAKULAM, PIN - 682031
            BY ADV C.HARIKUMAR

            PP SRI SANGEETHARAJ N R


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 376 OF 2024 &
Crl.M.A.Nos.1 and 3 of 2024

                                          2




                                     ORDER

It is against the concurrent judgment of conviction and order of sentence, the accused/ revision petitioner came up.

2. During the pendency of the revision, the matter was settled amicably between the parties, and they in turn filed an application for compounding the offence in Crl.M.A.No.3/2024. Crl.M.A.1/2024 is for the purpose of condoning the delay occasioned in preferring this revision, which comes to 5179 days. Since the matter was settled between the parties, the delay occasioned will stand condoned. Crl.M.A.1/2024 will stand allowed accordingly. Permission is granted to compound the offence. Crl.M.A.3 of 2024 will stand allowed.

The offence is compounded and it will have the effect of acquittal of the accused. CRL.REV.PET NO. 376 OF 2024 & Crl.M.A.Nos.1 and 3 of 2024 3 The Criminal Revision Petition will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp