Mathew Oomen vs State Of Kerala
2024 Latest Caselaw 11604 Ker

Kerala High Court

Mathew Oomen vs State Of Kerala on 23 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.REV.PET NO. 406 OF 2024          1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
                          CRL.REV.PET NO. 406 OF 2024

AGAINST THE ORDER/JUDGMENT DATED 27.01.2024 IN CRA NO.53 OF
2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
PATHANAMTHITTA / III ADDITIONAL MACT ARISING OUT OF THE
ORDER/JUDGMENT DATED 14.07.2022 IN ST NO.2431 OF 2016 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
REVISION PETITIONER/S:

               MATHEW OOMEN
               AGED 64 YEARS
               S/O. V. G. OOMMEEN, MEMANA HOUSE, MARAMON P.O,
               THOTTAPPUZHASSERY VILLAGE, THIRUVALLA TALUK,
               PATHANAMTHITTA, PIN - 689549

               BY ADVS.
               S.MUHAMMED HANEEFF
               M.H.ASIF ALI
               ARAVIND T RAMESH
               RAJANA JOSE
               ASHIK ALI M.H.


RESPONDENT/S:
     1    STATE OF KERALA
          REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031

      2        AMMINI OOMMEN
               AGED 77 YEARS
               W/O. LATE GEORGE OOMMEN, PADIKKAMMANIL HOUSE,
               CHIRAYIRAMBU P.O, MARAMON MURI, THOTTAPPUZHASSERY
               VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA- 689549,
 CRL.REV.PET NO. 406 OF 2024              2




               NOW RESIDING AT PARAYADIL HOUSE, KANNANKARA,
               PATHANAMTHITTA P.O, PATHANAMTHITTA, PIN - 689645

               BY ADVS.
               JOSEPH GEORGE
               NIKITA NAIR C.S.
               VIVEKJOS PUTHUKULANGARA



OTHER PRESENT:

               SMT. SHEEBA THOMAS PP




       THIS     CRIMINAL      REVISION       PETITION   HAVING   COME   UP   FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CRL.REV.PET NO. 406 OF 2024            3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                       Crl.R.P. No. 406 of 2024
                    --------------------------------------
              Dated this the 23rd day of April, 2024


                                     ORDER

This Crl. R.P. is filed challenging the judgment dated

27.01.2024 in Cr. Appeal No. 53/2022 of the Addl. District and

Sessions Judge-III, Pathanamthitta and also the judgment

dated 14.07.2022 in ST No.2431/2016 on the file of the

Judicial First Class Magistrate Court-II, Pathanamthitta. The

revision petitioner was convicted and sentenced under

Sec.138 of the Negotiable Instruments Act.

2. Now, it is submitted by both sides that the matter is

settled between the parties and a compounding petition is

filed as Crl.M.A. No.2/2024. This Court perused the

compounding petition. Considering the facts and

circumstances of this case, I think the compounding petition

can be allowed and the conviction and sentence imposed on

the revision petitioner can be set aside.

Therefore, this Crl.Rev.Petition is disposed of with the

following directions :

1) Crl.M.A. No.2/2024 is allowed.

2) The conviction and sentence imposed on the revision

petitioner as per the judgment dated 14.07.2022 in ST

No. 2431/2016 of the Judicial First Class Magistrate

Court-II, Pathanamthitta and the judgment dated

27.01.2024 in Crl.Appeal No. 53/2022 of the Addl.

District and Sessions Judge-III, Pathanamthitta are set

aside.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS