High Court Kerala High Court

Balakrishnan Nair vs The State Of Kerala on 8 August, 2008

Kerala High Court
Balakrishnan Nair vs The State Of Kerala on 8 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 585 of 2007()


1. BALAKRISHNAN NAIR, AGED 74 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/08/2008

 O R D E R
                       V. RAMKUMAR , J.
            ==========================
                      Crl.R.P. No. 585 of 2007
            ==========================
              Dated this the 8th day of August, 2008.

                             ORDER

The revision petitioner was the 1st accused in C.C. No. 12 of

2002 on the file of the Judicial First Class Magistrate,

Ambalapuzha for offences punishable under Sections 420 and

467 r/w Section 34 IPC. He alone stood trial before the

Magistrate. After trial, he was convicted of both the offences and

sentenced to rigorous imprisonment for six months for each of

the offences. On appeal preferred by the revision petitioner

before the Sessions Court, Alappuzha as Crl. Appeal No. 224 of

2006, the said conviction and sentences were confirmed. Hence

this revision.

2. Merely because Ext.P4 cheque was dishonoured for the

reason that the signatures of the revision petitioner differed, it

cannot be concluded that the revision petitioner had committed

the offence of forgery of a valuable security under Section 467

IPC. If at all, what is discernible is an offence punishable under

Section 420 IPC. Accordingly, the conviction recorded against

CRL.R.P. NO. 585/2007 : 2:

the revision petitioner under Section 467 IPC is dislodged and the

revision petitioner is acquitted of the same.

3. As for the surviving offence under Section 420 IPC, both

the complainant as well as the revision petitioner have jointly

filed Crl. M.A. No. 7471 of 2008 under Section 320(6) Cr.P.C to

the effect that the matter has been settled between them and

that the complainant does not have any subsisting grievance in

the matter. The composition so far as the offence under Section

420 IPC is confirmed, is recorded. It will have the effect of an

acquittal of the revision petitioner under Section 420 IPC, in view

of Section 320(8) Cr.P.C.

This Crl.R.P. is disposed of as above.

Dated this the 8th day of August, 2008.

V. RAMKUMAR, JUDGE.

rv

CRL.R.P. NO. 585/2007 : 3: