Noushad vs Sumesh P.V
2024 Latest Caselaw 11978 Ker

Kerala High Court

Noushad vs Sumesh P.V on 7 May, 2024

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE G. GIRISH

   TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946

                   CRL.REV.PET NO.487 OF 2024

AGAINST THE JUDGMENT DATED 19.01.2023 IN CRA NO.195 OF 2019
        OF ADDITIONAL SESSIONS COURT (ADHOC) III, MANJERI

ARISING OUT OF THE JUDGMENT DATED 04.10.2019 IN S.T.NO.2220
 OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI

REVISION PETITIONER/APPELLANT/ACCUSED IN CUSTODY:


            NOUSHAD
            AGED 49 YEARS, S/O ABOOBACKER, KUNHIMEENTEKATH
            HOUSE, PURANG.P.O, PONNANI TALUK, MALAPPURAM
            DISTRICT,, PIN - 689 584

            BY ADV K.S.SAJEEV KUMAR



RESPONDENT/DEFACTO COMPLAINTANT& STATE:


    1       SUMESH P.V
            S/O VELAYUDHAN, PARAYAN VALAPPIL HOUSE, AYILAKKAD,
            PONNANI TALUK, MALAPPURAM DISTRICT., PIN - 679576

    2       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM., PIN - 682031

            BY ADVS.
            Anish K A
            K.HABEEBULLA(K/1102/1993)
            SMT NIMA JACOB, PP



    THIS     CRIMINAL   REVISION    PETITION     HAVING   COME   UP   FOR
ADMISSION    ON   07.05.2024,      THE   COURT    ON   THE   SAME     DAY
DELIVERED THE FOLLOWING:
                                          2
Crl.Rev.Pet.No.487 of 2024


                                G. GIRISH, J.
                       --------------------------------------
                          Crl.Rev.Pet. No.487 of 2024
                  ------------------------------------------------
                     Dated this the 7th day of May, 2024


                                     ORDER

The accused in S.T. No.2220 of 2014 on the files of the

Judicial First Class Magistrate Court, Ponnani has filed this

revision petition against the concurrent findings of the conviction

and sentence by the Trial Court and the Appellate Court in

respect of the offence under Section 138 of Negotiable

Instruments Act attributed against him.

2. Now, the issue involved is said to have been settled

between the parties. Crl.M.A.No.1 of 2024 is accordingly filed

jointly by the revision petitioner and the 1 st respondent for

compounding the offence.

3. Having regard to the facts stated in the aforesaid

application as well as the affidavit filed by the 1 st respondent,

who is the defacto complainant in S.T.No.2220 of 2014 of the

Judicial First Class Magistrate Court, Ponnani, I deem it

appropriate to dispose of the matter in accordance with the

composition of the offence.

4. In the result, this Criminal Revision Petition is

disposed of as follows:-

i) The offence involved in this case is found to have

been lawfully compounded between the parties.

ii) The conviction and sentence of the revision

petitioner/accused by the Trial Court, which have been

upheld in the appeal, are hereby set aside.

iii) The revision petitioner/accused is acquitted under

Section 320(8) of the Criminal Procedure Code read

with Section 147 of the Negotiable Instruments Act.

iv) The revision petitioner/accused will be entitled for

the release of the amount, if any, deposited before the

Trial Court in accordance with the direction of the

Appellate Court while admitting the appeal, which was

filed as Crl.A.No.195 of 2019 before the Additional

Sessions Court, Manjeri.

v) Communicate this order to the prison where the

revision petitioner/accused is presently lodged for his

immediate release, if he is not under detention in

connection with any other cases.

Sd/-

G. GIRISH, JUDGE ded