High Court Kerala High Court

K.Remesh vs Rajesh Kumar Metha on 5 December, 2006

Kerala High Court
K.Remesh vs Rajesh Kumar Metha on 5 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 4317 of 2006()



1. K.REMESH
                      ...  Petitioner

                        Vs

1. RAJESH KUMAR METHA
                       ...       Respondent

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :05/12/2006

 O R D E R

K.T. SANKARAN, J.

………………………………………………………………………..

CRL. R.P.No. 4317 OF 2006

………………………………………………………………………..

Dated this the 5th December , 2006

O R D E R

The revision petitioner was found guilty of the offence under section

138 of the Negotiable Instruments Act. He was sentenced to undergo

simple imprisonment for a period of three months and to pay fine of Rs.

15,000/- and in default of payment of compensation to undergo simple

imprisonment for a period of three months. On appeal by the petitioner, the

appellate court confirmed the conviction and sentence.

2. An application under section 147 of the Negotiable Instruments

Act for compounding the offence was filed and that application was

allowed.

Accordingly, the Revision Petition is allowed. The conviction and

sentence imposed on the petitioner are set aside and the petitioner is

acquitted under section 320(8) of the Code of Criminal Procedure.

K.T. SANKARAN,

JUDGE.

lk

CRL.R.P. 4317 OF 2006

2

K.T. SANKARAN, J.

………………………………………………………………………..

CRL. M.A. No. 12175 OF 2006

………………………………………………………………………..

Dated this the 5th December , 2006

O R D E R

This is an application to condone the delay of 978 days in filing the

revision petition. The revision is filed challenging the conviction and

sentence imposed on the petitioner for the offence under section 138 of

the Negotiable Instruments Act . An application for compounding is also

filed by the parties. In view of the fact that the matter is settled between

the parties, I am inclined to allow this application. Delay is condoned.

Number the Crl. Revision Petition as well as the application for

compounding.

K.T. SANKARAN,

JUDGE.

lk

CRL.R.P. 4317 OF 2006

3

K.T. SANKARAN, J.

………………………………………………………………………..

CRL. M.A. No. 12497 OF 2006

IN CRL. R.P.No. 4317 OF 2006

………………………………………………………………………..

Dated this the 5th December , 2006

O R D E R

This is an application filed under section 147 of the Negotiable

Instruments Act seeking permission to compound the offence under

section 138 of the Negotiable Instruments Act. The application is signed

by the revision petitioner/accused and the first respondent/complainant as

well as their counsel. It is stated therein that the dispute between the

parties has been settled and the complainant is not interested in

prosecuting the case. It is also prayed that the conviction and sentence

imposed on the petitioner may be set aside. The application is allowed.

K.T. SANKARAN,

JUDGE.

lk

? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C) No. 24402 of 2003(E)

#1. SMIRNOFF SADANAND S/O. SADANAND K.,
… Petitioner

Vs

$1. THE PRINCIPAL, SREE SANKARA COLLEGE,
… Respondent

2. HEAD OF THE DEPARTMENT, PHYSICAL

3. MAHATMA GANDHIJI UNIVERSITY,

! For Petitioner :SRI.R.DIVAKARAN

^ For Respondent :SRI.V.K.MUHAMMAD YOUSUF, SC, M.G.UTY.

*Coram
The Hon’ble MR. Justice KURIAN JOSEPH

% Dated :05/12/2006

: O R D E R
KURIAN JOSEPH, J.

————————–

W.P. (C). NO. 24402 OF 2003

———————

Dated this the 5th day of December, 2006

J U D G M E N T

The issue raised in this writ petition pertains to the admission of the

petitioner for B.Com Degree Course under the 1st respondent. In view of

the interim order dated 1.10.03, in case the petitioner has still any

grievance left, he may work out the same in appropriate proceedings. The

writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE

vps

KURIAN JOSEPH, JUDGE

OP NO.

JUDGMENT

5th DECEMBER, 2006