Kerala High Court

Crl.Rev.Pet/1345/2023 of K.DINESHAN Vs A.P.K.VALSAN 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. 1345 OF 2023 AGAINST THE ORDER/JUDGMENT CC 732/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS, TALIPARAMBA CRA 26/2016 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, 1945

CRL.REV.PET NO. 1345 OF 2023

AGAINST THE ORDER/JUDGMENT CC 732/2012 OF JUDICIAL

MAGISTRATE OF FIRST CLASS, TALIPARAMBA

CRA 26/2016 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, THALIPARAMBU TALUK, KANNUR DISTRICT, PIN - 670562

BY ADVS.P.V.THOMASTONY GEORGE THOMAS

RESPONDENTS/COMPLAINANT/STATE:

1A.P.K.VALSANAGED 62 YEARS, S/O LATE DAMODARAN NAMBIAR, RESIDING AT KOTTAKKANAM HOUSE, KOOVERY, THALIPARAMBA, KANNUR DISTRICT, PIN - 670581

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

BY ADVS.

SMT.NIMA JACOB, 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:

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G. GIRISH, J.

------------------

Crl.MA. No.5 of 2023

in

Crl.Rev.Pet. No.1345 of 2023----------------------------------------- Dated this the 29[th ]day of December, 2023

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.732/2012 of the Judicial First ClassMagistrate Court, Thaliparamba. He wasconvicted and sentenced by the learned

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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

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proceedings consequent to the impugnedjudgments of the courts below.

In the result, the petition is stand allowed.

The case which was numbered as CC No.732/2012of the Judicial First Class Magistrate Court,Thaliparamba, which resulted in the presentrevisionproceedings,standslawfully compounded. The petitioner/accused is acquittedunder Section 320(8) of Cr.P.C. r/w Section 147 ofthe Negotiable Instrument Act.

Sd/-

nvj

G. GIRISH

JUDGE

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