Kerala High Court
Crl.Rev.Pet/1344/2023 of K.DINESHAN Vs C.C.KRISHNAN on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 CRL.REV.PET NO. 1344 OF 2023 AGAINST THE ORDER/JUDGMENT CC 970/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA CRA 21/2016 OF DISTRICT COURT & SESSIONS
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945CRL.REV.PET NO. 1344 OF 2023
AGAINST THE ORDER/JUDGMENT CC 970/2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,TALIPARAMBA
CRA 21/2016 OF DISTRICT COURT & SESSIONS COURT,THALASSERYREVISION PETITIONER/ACCUSED:
K.DINESHANAGED 62 YEARS, S/O LATE KONGINI RAGHAVAN, RESIDING AT TMC.XV-251, BEHIND RAJASTHAN MARBLE PALACE, KUTTIKOLE P.O, THALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670562
BY ADVS.P.V.THOMASTONY GEORGE THOMAS
RESPONDENTS/COMPLAINANT/STATE:
1C.C.KRISHNANAGED 60 YEARS, S/O KOMAN NAIR, RESIDING AT LEVIL, KOOVERY, THALIPARAMBA, KANNUR DISTRICT, PIN - 670581
2STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SR.-SRI.SANGEETHRAJ N.R. PP
SRI. P.R. AJITH KUMAR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 29.12.2023, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
G. GIRISH, J.------------------
Crl.MA. No.4 of 2023
inCrl.Rev.Pet. No.1344 of 2023----------------------------------------- Dated this the 29[th ]day of December, 2023
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O R D E R
The Revision Petitioner, along with the 1[st]respondent, has filed this petition under Section147 of the Negotiable Instrument Act r/w Section482 of Code of Criminal Procedure, forcompounding the case and for terminating theprocedures.
2. The revision petitioner was the accusedin CC No.970/2012 of the Judicial First ClassMagistrate Court, Thaliparamba. He wasconvicted and sentenced by the learned
Magistrate for the commission of offence underSection 138 of the Negotiable Instrument Act.Since, the conviction was upheld in appeal, hepreferred the present revision against the 1[st]respondent.
3. Now, that it is submitted by the learnedcounsel for the revision petitioner, as well as thelearned counsel for the 1[st] respondent, that theissue has been amicably settled between theparties and that there is no claim whatsoeversubsisting from the revision petitioner to the 1[st]respondent.
4. Having regard to the above facts relatingto the settlement of the dispute between theparties, I feel that, it is necessary to terminate thisrevision proceedings as well as all further proceedings consequent to the impugnedjudgments of the courts below.
In the result, the petition stands allowed. Thecase which was numbered as CC No.970/2012 ofthe Judicial First Class Magistrate Court,Thaliparamba, which resulted in the presentrevision proceedings stands lawfully compounded.The petitioner/accused is acquitted under Section320(8) of Cr.P.C. r/w Section 147 of the NegotiableInstrument Act.
Sd/-
nvj
G. GIRISH
JUDGE