K.Dineshan vs A.P.K.Valsan
2023 Latest Caselaw 13762 Ker

Kerala High Court

K.Dineshan vs A.P.K.Valsan on 29 December, 2023

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE G.GIRISH
 FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945
                  CRL.REV.PET NO. 1345 OF 2023
    AGAINST THE ORDER/JUDGMENT CC 732/2012 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS, TALIPARAMBA
CRA 26/2016 OF DISTRICT COURT & SESSIONS COURT,THALASSERY
REVISION PETITIONER/ACCUSED:

            K.DINESHAN
            AGED 62 YEARS, S/O LATE KONGINI RAGHAVAN,
            RESIDING AT TMC.XV-251, BEHIND RAJASTHAN MARBLE
            PALACE, KUTTIKOLE P.O, THALIPARAMBU TALUK,
            KANNUR DISTRICT, PIN - 670562
            BY ADVS.
            P.V.THOMAS
            TONY GEORGE THOMAS


RESPONDENTS/COMPLAINANT/STATE:

    1       A.P.K.VALSAN
            AGED 62 YEARS, S/O LATE DAMODARAN NAMBIAR,
            RESIDING AT KOTTAKKANAM HOUSE, KOOVERY,
            THALIPARAMBA, KANNUR DISTRICT, PIN - 670581
    2       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

BY ADVS.

            SMT.NIMA JACOB, PP
            SRI. P.R. AJITH KUMAR

    THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION    ON   29.12.2023,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 CRL.REV.PET. NO.1345 OF 2023


                                2


                    G. GIRISH, J.
                   ------------------
             Crl.MA. No.5 of 2023
                           in
        Crl.Rev.Pet. No.1345 of 2023
       -----------------------------------------
  Dated this the 29th day of December, 2023


                       ORDER

The Revision Petitioner, along with the 1 st

respondent, has filed this petition under Section

147 of the Negotiable Instrument Act r/w Section

482 of Code of Criminal Procedure, for

compounding the case and for terminating the

procedures.

2. The revision petitioner was the accused

in CC No.732/2012 of the Judicial First Class

Magistrate Court, Thaliparamba. He was

convicted and sentenced by the learned CRL.REV.PET. NO.1345 OF 2023

Magistrate for the commission of offence under

Section 138 of the Negotiable Instrument Act.

Since, the conviction was upheld in appeal, he

preferred the present revision against the 1 st

respondent.

3. Now, that it is submitted by the learned

counsel for the revision petitioner, as well as the

learned counsel for the 1st respondent, that the

issue has been amicably settled between the

parties and that there is no claim whatsoever

subsisting from the revision petitioner to the 1 st

respondent.

4. Having regard to the above facts relating

to the settlement of the dispute between the

parties, I feel that, it is necessary to terminate this

revision proceedings as well as all further CRL.REV.PET. NO.1345 OF 2023

proceedings consequent to the impugned

judgments of the courts below.

In the result, the petition is stand allowed.

The case which was numbered as CC No.732/2012

of the Judicial First Class Magistrate Court,

Thaliparamba, which resulted in the present

revision proceedings, stands lawfully

compounded. The petitioner/accused is acquitted

under Section 320(8) of Cr.P.C. r/w Section 147 of

the Negotiable Instrument Act.

Sd/-

                                                G. GIRISH
nvj                                               JUDGE