Mini vs Veena

MINI vs VEENA

Type Court Judgment Court Kerala Decided Jul 01, 2022

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https://sooperkanoon.com/case/1571105

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Citation: sooperkanoon.com/1571105
Court: Kerala High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Jul 01, 2022
Case Number: Crl.Rev.Pet/477/2022

Parties & Advocates

Appellant / Petitioner

MINI

Respondent

VEENA

Excerpt

.....on 01.07.2022, the court on the same day delivered the following:orderdated this the 1st day of july, 2022 this criminal revision petition is filed challenging the concurrent findings of guilt of the revision petitioner for an offence punishable under section 138 of the negotiable instruments act, 1881 (for short ‘ni act) and orders of conviction and sentence passed successively by judicial first class magistrate court-iv, kollam (for short ‘trial court’) and court of sessions, kollam respectively in s.t.no.131/2011 and criminal appeal no.140/2017. the revision petitioner is the accused. during the pendency of the revision, the parties arrived at an amicable settlement out of court. the 1st respondent in the case on hand who is the complainant has filed an affidavit stating that the issues have been amicably settled among himself and the revision petitioner herein. according to the 1st respondent, she received rs.7,00,000/- in two instalments of rs.2,00,000/- and rs.5,00,000/- from the revision petitioner respectively on 20.12.2021 and 30.12.2021.2. an application was also filed by the parties jointly under section 147 of n.i act seeking for permission of this court to compound the offence in view of the amicable settlement as above. in the above circumstance, this court is inclined to allowcrl.m.a. no.3 of 2022, provided the revision petitioner pays rs.1,05,000/-, i.e. 15% of rs.7,00,000/-, the cheque amount, before the kerala state legal services authority functioning at high court of kerala as directed in damodar s. prabhu v. sayed babalal.h. [2010 (2) khc 428] as compounding fee, as early as possible and produces receipt evidencing such payment before the trial court. release order shall be issued by the trial court to the jail where revision petitioner is serving sentence, on such receipt being produced therein. the trial court shall also report compliance.sd/- mary joseph judge nk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 CRL.REV.PET NO. 477 OF 2022 AGAINST THE JUDGMENT OF DISTRICT COURT & SESSIONS COURT,KOLLAM IN CRA 140/2017 AND THE JUDGMENT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -IV, KOLLAM IN ST 131/2011 REVISION PETITIONER/APPELLANT/ACCUSED: MINI AGED 40 YEARS W/O. R. SREEKANTAN NAIR, SREEMURUKA VILASAM, VULLOOR GRAMOM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -695 011. BY ADVS. C.RAJENDRAN B.N.HASKAR RESPONDENTS/RESPONDENTS/COMPLAINANT: 1 VEENA AGED 37 YEARS, W/O. PRABHAKUMAR, PRAPANCHAM NO.9, OORAMPALLIL KESAVAN NAGAR, MUNDAKKAL WEST WARD, KOLLAM-691 001. 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA -682031. BY ADV B.K.GOPALAKRISHNAN SRI VS SREEJITH, PP THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 1st day of July, 2022 This Criminal Revision Petition is filed challenging the concurrent findings of guilt of the revision petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI Act) and orders of conviction and sentence passed successively by Judicial First Class Magistrate Court-IV, Kollam (for short ‘trial court’) and Court of Sessions, Kollam respectively in S.T.No.131/2011 and Criminal Appeal No.140/2017. The revision petitioner is the accused. During the pendency of the revision, the parties arrived at an amicable settlement out of court. The 1st respondent in the case on hand who is the complainant has filed an affidavit stating that the issues have been amicably settled among himself and the revision petitioner herein. According to the 1st respondent, she received Rs.7,00,000/- in two instalments of Rs.2,00,000/- and Rs.5,00,000/- from the revision petitioner respectively on 20.12.2021 and 30.12.2021.

2. An application was also filed by the parties jointly under Section 147 of N.I Act seeking for permission of this Court to compound the offence in view of the amicable settlement as above. In the above circumstance, this Court is inclined to allow

Crl.M.A. No.3 of 2022, provided the revision petitioner pays Rs.1,05,000/-, i.e. 15% of Rs.7,00,000/-, the cheque amount, before the Kerala State Legal Services Authority functioning at High Court of Kerala as directed in Damodar S. Prabhu v. Sayed Babalal.H. [2010 (2) KHC 428] as compounding fee, as early as possible and produces receipt evidencing such payment before the trial court. Release order shall be issued by the trial court to the Jail where revision petitioner is serving sentence, on such receipt being produced therein. The trial court shall also report compliance.

Sd/- MARY JOSEPH JUDGE nk

Same Court & Year Kerala · 2022 Same Parties MINI vs VEENA Same Judge Honourable Mrs. Justice Mary Joseph