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.
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Crl.R.P. No. 585 of 2007
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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
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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
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