Kerala High Court
Muhammed Haji vs Shrinivas on 8 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
CRL.REV.PET NO. 760 OF 2019
AGAINST THE ORDER/JUDGMENT CRA 376/2017 OF SESSIONS COURT,
KOZHIKODE
CC 208/2017 OF SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (NI ACT
CASES), KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
MUHAMMED HAJI
AGED 76 YEARS
S/O.ABDURAHIMAN MAKKANAMKOT, RESIDING AT EZHUNILATH
HOUSE, MAVOOR.P.O, KOZHIKODE-673661
BY ADVS.
K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
SMT.T.J.SEEMA
SMT.BHAVANA VELAYUDHAN
RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:
1 SHRINIVAS
AGED 81 YEARS
S/O.P.K.KUTTY, RESIDING AT 501, LE CHATEAU,
SHARATCHANDRA CHATERJEE ROAD, SANTA CRUZ WEST MUMBAI,
MAHARASHTRA-400002 REPRESENTED BY POWER OF ATTORNEY
HOLDER, SANTHOSH KUMAR, AGED 45 YEARS, S/O. LATE.
GANGADHARAN NAIR, ANANDA BHAVAN, PUTHIYANGADI,
KOZHIKODE-673021
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682035
3 MARIA SHRINIVAS
AGED 86 YEARS
W/O. LATE SHRINIVAS, DOOR NO. 1/3663A, KANNUR ROAD,
WEST NADAKKAVU, ERANHIPALAM, KOZHIKODE - . IS
Crl.R.P..No.760 of 2019 2
IMPLEADED AS ADDL R3 AS PER ORDER
DATED21.9.2023 IN CRL.M.A. 1/2023 IN CRL.R.P.
760/2019
4 ANITHA A PATEL
AGED 52 YEARS
D/O. LATE SHRINIVAS, DOOR NO. 1/3663A, KANNUR
ROAD, WEST NADAKKAVU, ERANHIPALAM, KOZHIKODE
- . IS IMPLEADED AS ADDITIONAL R4 AS PER ORDER
DATED 21.9.2023 IN CRL.M.A. 1/2023 IN CRL.R.P.
760/2019
5 SHERITA DSOZA
AGED 53 YEARS
D/O. LATE SHRINIVAS, DOOR NO. 1/3663A, KANNUR
ROAD, WEST NADAKKAVU, ERANHIPALAM, KOZHIKODE -.
673011 IS IMPLEDED AS ADDL.R5 AS PER ORDER
DATED 21.9.2023 IN CRL.M.A.1/2023 IN CRL. R.P.
760/2019
BY ADV SRI.K.B.GANGESH
PP- MAYA MN
THIS CRIMINAL REVISION PETITION HAVING COME UP
FOR ADMISSION ON 08.12.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Crl.R.P..No.760 of 2019 3
ORDER
The accused in CC No.208/2017 before the Special
Judicial First Class Magistrate Court (NI Act cases), Kozhikode
is the revision petitioner. He was convicted and sentenced for
an offence under Section 138 of the Negotiable Instruments
Act by the trial court. The appellate court confirmed the
conviction and the sentence. Aggrieved by the same, this
Crl.R.P is filed.
2. Regarding the dispute involved in this case, the
parties were agitating a civil litigation regarding which RFA
No.381/2019 was pending before this Court. That appeal was
referred for mediation, the dispute was amicably settled in the
mediation. A memorandum of agreement was executed before
the mediator. Based on that RFA No.381/2019 was disposed of.
As per the said memorandum of agreement, the petitioner
and respondents 3 and 4 agreed to compound offence
involved in this case. Accordingly, the petitioner along with
respondents 4 and 5 filed Criminal Miscellaneous Application
2/2023. The petitioner filed Crl,M.A 4/2023 seeking to exempt
him from remitting the cost for compounding the offence.
3. Heard the the learned counsel for the petitioner,
learned Public Prosecutor and the learned counsel appearing
for respondents 4 and 5.
I am satisfied that the parties amicably settled the
dispute out of the court and Respondents 4 and 5
compounded the offence with the petitioner. Therefore,
Crl.M.A No.2/2023 and Crl.M.A No.4/2023 are allowed.
Consequently, this Criminal Revision Petition is allowed.
Petitioner is acquitted under Section 320(8) of the Code of
Criminal Procedure, 1973.
Sd/-
P.G. AJITHKUMAR
JUDGE
ska
