Kerala High Court
Mujeeb Rahman vs Amina. K on 3 May, 2024
Crl. Rev. Pet No. 480 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
CRL.REV.PET NO. 480 OF 2024
AGAINST THE JUDGMENT DATED 22.07.2021 IN CRA NO.194 OF 2019
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, MANJERI /
II ADDITIONAL MACT, MANJERI ARISING OUT OF THE JUDGMENT DATED
22.09.2019 IN CC NO.55 OF 2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS III, MANJERI
REVISION PETITIONER/ACCUSED:
MUJEEB RAHMAN
AGED 49 YEARS
S/O HYDER, ERANHIYIL HOUSE, VELLIYANCHERI,
VELLIYANCHERI P.O., MELATTUR, EDAPPATTA VILLAGE,
PERINTHALMANNA TALUK, MALAPPURAM, PIN - 679326.
BY ADVS.
K.SHIBILI NAHA
A.LOWSY
SRINATH C.V.
GAYATHRI RAJAGOPAL
RESPONDENTS/LEGAL HEIRS OF THE DECEASED COMPLAINANT AND
STATE:
1 AMINA. K
AGED 56 YEARS W/O USMAN.K (LATE) IRINGATTIRI (P.O),
KARUVARAKUNDU MALAPPURAM, PIN - 676523.
2 SHAHANA.K
AGED 36 YEARS C/O KABEER T.K, THOTTASSERYKALATHIL
(H) POOLAPPARAMBU, MUMMULLY ROAD, NILAMBUR,
MALAPPURAM, KERALA, PIN - 679330.
3 SHIHANA.K
AGED 25 YEARS C/O AKTHAR, PUTHANKODU (H) VETTATHUR
POST, VRTTATHUR, MALAPPURAM, KERALA, PIN - 679326.
4 SHIHAN.K
AGED 23 YEARS OLD S/O USMAN. K, KAVANNAYIL,
MAMPUZHA IRINGATTIRI (PO) THUVVUR,
Crl. Rev. Pet No. 480 of 2024
2
MALAPPURAM KERALA, PIN - 679327.
5 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.
SMT. SMINI JOSE
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 03.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl. Rev. Pet No. 480 of 2024
3
G. GIRISH, J.
-------------------------------
Crl. Rev. Pet. No. 480 of 2024
----------------------------------------------
Dated this the 3rd day of May, 2024
ORDER
The revision petitioner, the accused in CC No. 55/2017, a
case relating to commission of offence under Section 138 of
the Negotiable Instruments Act, has filed this petition with a
prayer to set aside the Judgment of conviction and sentence
imposed by the Trial Court which was confirmed in appeal.
2. The reason stated for invoking the revisional powers
of this Court in the above regard is that the matter has been
amicably settled between the revision petitioner/accused and
the legal representatives of the deceased complainant.
3. The revision petitioner and the respondents 1 to 4,
who are the legal representatives of the deceased
complainant, had filed a joint statement evidencing the
settlement of the dispute between them.
4. Heard the learned Counsel for the petitioner and the
learned Public Prosecutor representing the State of Kerala.
5. Having regard to the submissions advanced before
me and the facts revealed from the joint statement filed by
the parties and other records of the case, I am of the view
that the issue involved in this case has been amicably settled
between the parties. That being so, the proceedings in this
case are liable to be closed in view of the composition of the
offence.
In the result, the revision stands allowed. The conviction
and sentence of the petitioner by the Trial Court which have
been upheld by the Appellate Court are hereby set aside. The
petitioner/accused is acquitted under Section 320 (8) of the
Code of Criminal Procedure read with 147 of the Negotiable
Instruments Act.
Sd/-
G. GIRISH
JUDGE
SLR
APPENDIX OF CRL.REV.PET 480/2024
PETITIONER ANNEXURES
Annexure A THE DEATH CERTIFICATE ISSUED BY THE
REGISTRAR OF BIRTHS AND DEATHS, TUVVUR
GRAMA PANCHAYATH DATED 07.03.2023
Annexure B THE FAMILY MEMBERSHIP CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, TUVVUR DATED
17.04.2024
