Kerala High Court
A. Vijayan vs The State Of Kerala on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
CRL.REV.PET NO. 695 OF 2018
AGAINST THE JUDGMENT DATED 31.03.2018 IN CRA NO.46/2017 OF II ADDITIONAL
SESSIONS COURT,PALAKKAD AND S.T.C NO.503/2015 DATED 30.01.2017 OF THE CHIEF
JUDICIAL MAGISTRATE COURT, PALAKKAD.
REVISION PETITIONER/APPELLANT/ACCUSED:
A. VIJAYAN
S/O.UNNIKRISHNA WARRIER, HOUSE NO.M6/40, INDIRA NAGAR, KALLEPULLY,
PALAKKAD DISTRICT.
BY ADV SRI.BABU S. NAIR
RESPONDENTS/RESPONDENTS/STATE&COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 GOPI NAIR
S/O.APPUKUTTAN NAIR, HOUSE NO.108, INDIRA NAGAR, KALLEPULLY,
PALAKKAD DISTRICT, PIN-678018.
BY ADVS.
SRI.P.S.APPU
SRI.A.R.NIMOD
SRI.T.C.SURESH MENON
OTHER PRESENT:
SR PP SMT.T.V.NEEMA
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ORDERS ON
13.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P No.695 of 2018 2
ORDER
Dated this the 13th day of September, 2021.
This Crl.R.P is directed against concurrent findings of
Chief Judicial Magistrate Court, Palakkad (for short, 'the trial
court')and Additional Sessions Court-II, Palakkad (for short, 'the
appellate court') respectively in S.T No.503/2015 and Crl.Appeal
No.46/2017. During the pendency of this revision petition, parties to
this revision have approached the Kerala State Meditation and
Conciliation Centre, High Court of Kerala, Ernakulam and there, all
the issues had been amicably settled and the following terms were
arrived at:
"1. That the revision petitioner/accused agrees to pay the
cheque amount of Rs.5,00,000/- (Rupees Five lakh only) on or
before 30th August, 2021 to the respondent/complainant.
2. On receipt of payment of money, the prosecution under
Sec.138 of N.I Act will be closed.
3. In case of any default in payment of amount as stated
above, the respondent will be entitled to realise the fine amount
as ordered by the II Addl.District Court, Palakkad, by re-opening
the prosecution"
2. A Memorandum of Agreement has also been drafted under
Section 89 of the Code of Civil Procedure read with Rules 24 & 25 of
the Civil Procedure (Alternative Dispute Resolution) Rules, 2008.
The Memorandum of Agreement has been signed by both the revision
petitioner and the 2nd respondent and respective counsel representing
them in the revision. As per term No.1 of the Memorandum of
Agreement, the revision petitioner/accused has agreed to pay the
cheque amount of Rs.5,00,000/- (Rupees five lakahs only) to the 2 nd
respondent/complainant on or before 30th August, 2021.
3. Sri.P.S Appu, the learned counsel for the respondent has
submitted that Rs.5,00,000/-(Rupees five lakahs only), the cheque
amount has already been paid by the revision petitioner and received
by the 2nd respondent/complainant.
4. It is submitted by the learned counsel for the revision
petitioner that 10% of the fine amount, has been directed to be
deposited before the trial court at the time of suspension of sentence
in the revision on hand. According to him, 10% of the fine amount
deposited is a sum over and above the cheque amount now stands
paid to the 2nd respondent/complainant inview of the settlement and
he is entitled to get the same returned. In that event of the matter, the
revision petitioner is entitled to get the sum returned in his favour and
the Chief Judicial Magistrate Court, Palakkad shall pass orders to the
effect, on the revision petitioner preferring application for the
purpose before it.
5. In view of the settlement and payment of the cheque
amount by the revision petitioner to the 2nd respondent/complainant,
in full and final settlement, this Court is inclined to allow the revision
petition.
6. In the result, revision is allowed. The concurrent findings
of guilt of the revision petitioner under Section 138 N.I Act, and
orders of conviction and sentence are set aside.
Sd/-
MARY JOSEPH
JUDGE
JJ/-
