Oomen Kurian vs State Of Kerala
2024 Latest Caselaw 11028 Ker

Kerala High Court

Oomen Kurian vs State Of Kerala on 12 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
   FRIDAY, THE 12th DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                      CRL.REV.PET NO. 430 OF 2024
AGAINST THE JUDGMENT DATED 30.03.2007 IN CRA NO.675 OF 2005 OF
ADDITIONAL     SESSIONS    COURT,    FAST   TRACK      COURT   (ADHOC)-II,
KOTTAYAM ARISING OUT OF THE JUDGMENT DATED 31.10.2005 IN ST
NO.599   OF   2004   OF   JUDICIAL   MAGISTRATE   OF   FIRST   CLASS   -II,
KANJIRAPPALLY
REVISION PETITIONER/APPELLANT/ACCUSED:

              OOMEN KURIAN, AGED 49 YEARS,
              SON OF SRI. KURIAN OOMEN, THADATHILPARAMBIL HOUSE,
              COLLECTORATE P.O., MUTTAMBALAM KARA,
              MUTTAMBALAM VILLAGE, KOTTAYAM DISTRICT,
              KERALA, PIN - 686001

              BY ADV LUKE J CHIRAYIL


RESPONDENTS/RESPONDENTS/COMPLAINANT:

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

    2         VINOD GEORGE, AGED 55 YEARS,
              SON OF SRI. GEORGE, MANGALAPPADIYIL HOUSE,
              ATTICKAL, PONKUNNAM, KOTTAYAM DISTRICT, KERALA, PIN
              - 686506

              R1 BY PUBLIC PROSECUTOR SRI. SANGEETHARAJ N.R.

              R2 BY ADV. ANJALI NARAYANAN


THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.R.P.No.430 of 2024                          2




                                       ORDER

It is against the judgment of conviction for the

offence punishable under Section 138 of the Negotiable

Instruments Act by the trial court and the first

appellate court, the accused came up in revision.

After the passing of the judgment of conviction by the

trial court and the first appellate court, the matter

was amicably settled between the parties and they have

entered into a compromise signed by both the parties,

which was produced along with the revision. It was

admitted by the learned counsel for the second

respondent Smt.Anjali Narayanan, who took notice for

the second respondent and filed Vakkalath. It is

submitted that by that time, the accused was arrested

and detained and subsequently released. The terms and

conditions of the agreement entered into by the

parties under the compromise would satisfy the

requirements of a compounding petition. Hence, the

same will stand accepted, especially when it was

endorsed properly by the learned counsel for the

second respondent Smt.Anjali Narayanan. The offence

will stand compounded and it will have the effect of

acquittal of the accused from all charges. The accused

is acquitted and set at liberty. The bail bond, if any

executed will stand cancelled.

The Criminal Revision Petition will stand allowed

accordingly.

Sd/-

P.SOMARAJAN JUDGE

DMR/-

APPENDIX OF CRL.REV.PET 430/2024

PETITIONER'S ANNEXURES

Annexure A1 TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 18.03.2024 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT

Annexure A2 TRUE COPY OF THE ORDER DATED 21.03.2024 IN CRL M.C. NO. 2841/2024 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

// TRUE COPY //

P.A. TO JUDGE