Soumya V.S. vs Haridas
2021 Latest Caselaw 12398 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                    Crl.Rev.Pet.No.334 OF 2021

(AGAINST THE JUDGMENT DATED 26.11.2020 IN CRL.A NO.274/2017 ON THE
  FILE OF THE COURT OF SESSION, THRISSUR , WHICH AROSE OUT OF THE
     JUDGMENT DATED 06.11.2017 IN ST NO.117/2017 ON THE FILE OF
      JUDICIAL MAGISTRATE OF THE FIRST CLASS - II, CHALAKUDY)


PETITIONER/APPELLANT/ACCUSED:

             SOUMYA V.S., AGED 38, W/O.ADVOCATE RAVIKUMAR,
             VADAKKEKARA HOUSE, THADIAMPADU P.O., PEPPARA,
             IDUKKI VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT,
             PIN - 685 602.

             BY ADVS.
             DR.V.N.SANKARJEE
             SRI.V.N.MADHUSUDANAN
             SMT.R.UDAYA JYOTHI
             SRI.M.M.VINOD
             SMT.M.SUSEELA
             SMT. KEERTHI B. CHANDRAN
             SHRI.VIJAYAN PILLAI P.K.
             SRI.C.PURUSHOTHAMAN NAIR
             SHRI.SANAL C.S
             SHRI.NITHEESH.M

RESPONDENT/RESPONDENTS/COMPLAINANTS AND STATE:

      1      HARIDAS, AGED 51, S/O.PALATINGAL GOPALAN NAIR,
             PALATHINGAL HOUSE, EAST CHALAKUDY VILLAGE,
             KOODAPUZHA DESOM AND POST, CHALAKUDY TALUK,
             THRISSUR DISTRICT, PIN - 680 022.

      2      THE STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031.

             R1 BY ADV. T.K.NAZAR
             P.P.SMT.K.K.SHEEBA

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 11.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.Rev.Pet.No.334 OF 2021

                               -2-

                P.V.KUNHIKRISHNAN, J.
           --------------------------------------
                Crl.R.P. No. 334 of 2021
           ---------------------------------------
          Dated this the 11th day of May, 2021


                            ORDER

This revision petition is filed against the conviction and

sentence imposed on the appellant as per the judgment

dated 26.11.2020 in Crl.A.No.274 of 2017 on the file of the

Session's Judge, Thrissur which arises from the judgment

dated 06.11.2017 in S.T.No.117 of 2017 on the file of the

Judicial Magistrate of the First Class - II, Chalakudy. It was

a prosecution under Section 138 of the Negotiable

Instruments Act.

2. When this revision came up for consideration, the

learned counsel appearing for the revision petitioner

submitted that the matter is settled and a compounding

petition is filed. A counsel appeared for the first respondent

and he submitted that an affidavit is filed stating that the Crl.Rev.Pet.No.334 OF 2021

matter is settled and the first respondent has no grievance

against the petitioner. Heard the learned Public Prosecutor

also.

3. In the light of the fact that the matter is settled

between the parties and a compounding petition is also

filed, I think the conviction and sentence imposed on the

revision petitioner can be set aside.

Therefore, this Crl.R.P. is allowed. The conviction and

sentence imposed on the appellant, as per the judgment

dated 26.11.2017 in Crl.A.No.274 of 2017 which arises

from the judgment dated 06.11.2017 in S.T.No. 117 of

2017, is set aside.

Sd/-

P.V.KUNHIKRISHNAN JUDGE akv Crl.Rev.Pet.No.334 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 AFFIDAVIT DATED 5/5/2021 SWORN TO BY THE 1ST RESPONDENT.