[Cites 1, Cited by 0]
Kerala High Court
Simi Krishnankutty vs K,T.Thomas on 21 April, 2026
O.P.(Crl.) No.276 of 2026 1
2026:KER:33156
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 21ST DAY OF APRIL 2026 / 1ST VAISAKHA, 1948
OP(CRL.) NO.276 OF 2026
AGAINST THE ORDER DATED 07.03.2026 IN CC NO.56 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR
PETITIONER/ACCUSED:
SIMI KRISHNANKUTTY, AGED 44 YEARS
W/O KRISHNANKUTTY, MAMBLAYIL HOUSE,
PAMPAKUDA KARA, PAMPAKUDA P.O.
MEMURY VILLAGE, MUVATTUPUZHA TALUK,
PIN - 686667
BY ADVS.
SMT.AKHEELA FARZANA
SMT.SAJITHA SIDHIK
SMT.ANJALA FARHATH V.S.
SMT.MUSAINA K.Y.
RESPONDENTS/COMPLAINANT:
1 K.T.THOMAS, AGED 72 YEARS
S/O THOMAN, KUNIYANTHODATH HOUSE,
MANAKKAPPADY KARA, MANAKKAPPADY P.O.,
KARUMALLOOR VILLAGE, PARUR TALUK,
ERNAKULAN DISTRICT, PIN - 683511
O.P.(Crl.) No.276 of 2026 2
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2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SRI.JAYAKRISHNAN, PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
21.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) No.276 of 2026 3
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G.GIRISH
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O.P.(Crl.) No.276 of 2026
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Dated this the 21st day of April, 2026
JUDGMENT
Petitioner is the accused in C.C.Nos.56 of 2024, 57 of 2024 and
58 of 2024 on the files of the Judicial First Class Magistrate's Court-I [for
short, 'the JFCM-I'], North Paravur, which were instituted by the 1 st
respondent in connection with the offence under Section 138 of the
Negotiable Instruments Act, 1881. All the above cases were referred for
mediation.
2. As per Ext.P4 Memorandum of Agreement signed before the
Mediator, the parties concerned came into a settlement, as per which
the petitioner had to pay an amount of Rupees Four Lakh to the 1 st
respondent on or before 20.05.2026 towards the full and final
settlement of C.C.No.56 of 2024. Likewise, as per Ext.P5 the petitioner
had to pay an amount of Rupees Four Lakh to the 1 st respondent on or
before 30.08.2026 towards the full and final settlement of C.C.No.57 of
2026:KER:33156
2024, and as per Ext.P6 the petitioner had to pay an amount of Rupees
Four Lakh Fifty Thousand to the 1st respondent on or before 06.10.2026
towards the full and final settlement of the case pending before the Trial
Court as C.C.No.58 of 2024.
3. Now the grievance of the petitioner is that the Trial Court is
insisting for the commencement of the trial in the aforesaid cases in
disregard to the aforesaid terms and conditions in the mediation
agreements referred above.
4. Heard the learned Counsel for the petitioner as well as the
learned Public Prosecutor appearing for the 2 nd respondent. Notice to the
1st respondent is dispensed with in view of the fact that he is a signatory
to Exts.P4 to P6 agreements.
5. Since the issues between the parties have been amicably
settled in mediation, it is incumbent upon the Court concerned to do the
needful to give effect to the mediation agreement, if it is found to be
lawful. As far as the cases, which are referred to above are concerned, it
seems that a lawful agreement has been arrived at between the parties
2026:KER:33156
after successful completion of the mediation. Therefore, prayer of the
petitioner in this original petition to give effect to Exts.P4 to P6
mediation agreements, deserves to be allowed.
6. In the result, this original petition stands allowed as follows:
The JFCM-I, North Paravur is hereby directed not
to proceed with the trial in C.C.Nos.56 of 2024, 57 of 2024
and 58 of 2024 before 06.10.2026, which is the agreed date
as per Ext.P6 mediation agreement for the petitioner to pay
the amount due to the 1st respondent towards full and final
settlement of the issues involved.
Sd/-
G.GIRISH
JUDGE
sp
2026:KER:33156
APPENDIX OF OP(CRL.) NO. 276 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT IN CC
NO.56/2024 ON THE FILE OF 1ST CLASS
MAGISTRATE COURT 1 N. PARAVUR
Exhibit P2 TRUE COPY OF THE COMPLAINT IN CC
NO.57/2024 ON THE FILE OF 1ST CLASS
MAGISTRATE COURT 1 N. PARAVUR
Exhibit P3 A TRUE COPY OF THE COMPLAINT IN C.C
58/2024 ON THE FILE OF JUDICIAL 1ST CLASS
MAGISTRATE COURT I, N. PARAVUR
Exhibit P4 TRUE COPY OF MEDIATION AGREEMENT DATED 06-
02-2026 IN C.C.56/2024 ON THE FILE OF
JUDICIAL 1ST CLASS MAGISTRATE COURT I, N.
PARAVUR
Exhibit P5 TRUE COPY OF THE MEDIATION AGREEMENT DATED
06-02-2026 IN C.C.57/2024 ON THE FILE OF
JUDICIAL 1ST CLASS MAGISTRATE COURT I, N
PARAVUR
Exhibit P6 TRUE COPY OF MEDIATION AGREEMENT DATED 06-
02-2026 IN C.C.58/2024 ON THE FILE OF
JUDICIAL 1ST CLASS MAGISTRATE COURT I, N.
PARAVUR
Exhibit P7 A TRUE COPY OF THE ORDER/ PROCEEDINGS
DATED 07-03-2026 IN C.C. 56/2024 ON THE
FILE OF JUDICIAL 1ST CLASS MAGISTRATE
COURT I, N. PARAVUR
Exhibit P8 A TRUE COPY OF THE ORDER / PROCEEDINGS
DATED 07-03- 2026 IN C.C. 57/2024 ON THE
FILE OF JUDICIAL 1ST CLASS MAGISTRATE
COURT I, N. PARAVUR
Exhibit P9 A TRUE COPY OF THE ORDER / PROCEEDINGS
DATED 07-03-2026 IN C.C. 58/2024 ON THE
FILE OF JUDICIAL 1 CLASS MAGISTRATE COURT
I, N. PARAVUR
