P.K. Vijayan vs Joseph
2022 Latest Caselaw 5612 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH

          THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944

                       CRL.REV.PET NO. 323 OF 2022

AGAINST THE ORDER/JUDGMENT DATED 2.1.2004 IN CC 3391/2003 OF JUDICIAL

                 MAGISTRATE OF FIRST CLASS -I MUVATUPUZHA

   CRA 279/2004 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, ERNAKULAM

REVISION PETITIONER/APPELLANT/ACCUSED:

              P.K. VIJAYAN
              AGED 61 YEARS
              SON OF AYYARUKUNJAN, GOVT. HOMEO HOSPITAL, KAVUMKARA,
              VELLOORKUNNAM, QR. NO. 37, NGO QUARTERS, MUVATTUPUZHA NOW
              RESIDING AT PULICKAPPARAYIL HOUSE, KUNNACKAL.P.O.,
              VALAKOM, MUVATTUPUZHA, PIN - 682316

              BY ADVS.
              C.P.UDAYABHANU
              NAVANEETH.N.NATH


RESPONDENT/S:

     1        JOSEPH
              AGED 66 YEARS
              SON OF DEVASYA, PULINJUNNEL HOUSE, VAZHAPPILLY KARA,
              VELLOORKUNNAM, VILLAGE., PIN - 686673

     2        STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
              PIN - 682031

              BY ADVS.
              AJAY. P.R.
              PUBLIC PROSECUTOR


OTHER PRESENT:

              SRI G SUDHEER,PP


         THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON

26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.R.P.323/2022 &
Crl.M.A.1/2022                        2




                                ORDER

Dated this the 26th day of May, 2022.

This revision is filed challenging concurrent findings of guilt of

the revision petitioner under Section 138 of the Negotiable

Instruments Act, 1881 (for short the N.I.Act) and the orders of

conviction and sentence passed consequently. During the pendency

of the revision petition, both parties settled the issues involved in

the case amicably and an application is filed jointly under Section

147 N.I.Act seeking to compound the offence. The application is

found signed by both the parties and their respective counsel.

In the above circumstances, this Court is inclined to allow the

revision. The judgments under challenge are set aside. The

Crl.M.A.1/2022 stands allowed and the offence under Section 138

N.I. Act is compounded and the petitioner is acquitted.

Sd/-

MARY JOSEPH JUDGE al/-.