Kerala High Court
Padayan Usman vs Koorimannil Hamza on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
CRL.REV.PET NO. 583 OF 2021
AGAINST THE JUDGMENT IN CRL.A.NO.47/2016 DATED 16.01.2019 OF
ADDITIONAL SESSIONS COURT - II, KALPETTA
AGAINST THE JUDGMENT DATED 16.04.2016 IN ST 1722/2014 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, MANANTHAVADY
REVISION PETITIONER/APPELLANT/ACCUSED:
PADAYAN USMAN, AGED 59 YEARS
S/O. MOIDEEN, PADAYAN TRADERS N.A. BUILDINGS,
VALLIYOORKKAVU ROAD JUNCTION, MANANTHAVADY
VILLAGE, POST AND TALUK WAYANAD.
BY ADV. SRI.S.R.SREEJITH
RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:
*1 KOORIMANNIL HAMZA (DIED)
AGED 57 YEARS,
S/O. MUHAMMD HAJI, KOORIMANNIL HOUSE,
CHETTAPPALAM, VEMOM AMSOM AND POST, MANANTHAVADY
P.O., PIN-670 645.
2 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA AT ERNAKULAM, PIN-682 031.
3 SOUDATH, AGED 54 YEARS, W/O(LATE) KOORIMANNIL
HAMZA,KURIMANNIL HOUSE, CHETTAPPALAM, VEMOM.P.O,
MANANTHAVADY,WAYANAD,KERALA-670645
4 HARIS, AGED 40 YEARS, S/O(LATE) KOORIMANNIL
HAMZA, KURIMANNIL HOUSE, CHETTAPALAM, VEMOM.P.O.,
MANANTHAVADY, WAYANAD, KERALA-670645
5 SHABEER, AGED 38 YEARS, S/O(LATE) KOORIMANNIL
HAMZA, KURIMANNIL HOUSE, CHETTAPALAM, VEMOM.P.O.,
MANANTHAVADY, WAYANAD, KERALA-670645
Crl.R.P.No.583 of 2021 -:2:-
6 SHAFEEQUE
AGED 33 YEARS
S/O(LATE) KOORIMANNIL HAMZA, KURIMANNIL HOUSE,
CHETTAPALAM, VEMOM.P.O., MANANTHAVADY, WAYANAD,
KERALA-670 645
7 RAHIDHA
AGED 29 YEARS
D/O(LATE) KOORIMANNIL HAMZA, KURIMANNIL HOUSE,
CHETTAPALAM, VEMOM.P.O., MANANTHAVADY, WAYANAD,
KERALA-670645
ADDITIONAL RESPONDENT NOS.3 TO 7 ARE IMPLEADED IN
CRL.R.P NO. ... OF 2019 (FILING NO.25487/19 AS PER
ORDER DATED 20.10.2021 IN CRL.M.A 01/21.
R1 AND R3 TO R7 BY ADV. SRI K.DILIP
R2 BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.R.P.No.583 of 2021 -:3:-
ORDER
Dated this the 02nd day of November, 2021
The revision on hand is filed challenging the concurrent
findings of guilt of the revision petitioner under Section 138 of the
Negotiable Instruments Act, 1881 (for short 'the NI Act') and orders
of conviction and sentence passed by Judicial First Class Magistrate
Court-II, Mananthavady (for short 'the trial court') in
S.T.No.1722/2014 and Additional Sessions Court-II, Kalpetta (for
short 'the appellate court') in Crl.Appeal No.47/2016. The revision
petitioner is the accused.
2. During the pendency of the revision petition, the parties
have amicably settled the issues and the revision petitioner has
paid Rs.5,00,000/- due under the cheque to respondents 3 to 7 and
filed Crl.M.A.No.03/2021 under Section 147 of NI Act seeking
permission to compound the offence. The application was allowed and
permission was granted. Crl.M.A.No.04/2021 was also allowed
exempting the revision petitioner from paying the compounding cost.
3. In view of the compounding of the offence under Section
147 NI Act, the revision petitioner is entitled for acquittal.
In the above circumstances, the Crl.R.P stands allowed. The
impugned judgments stand set aside. The revision petitioner is
acquitted for the offence under Section 138 NI Act.
sd/-
MARY JOSEPH,
JUDGE
NAB
