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K.RAMESH versus RAJESH KUMAR METHA

High Court of Kerala

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K.RAMESH v. RAJESH KUMAR METHA - Crl Rev Pet No. 4318 of 2006 [2006] RD-KL 2526 (5 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 4318 of 2006()

1. K.RAMESH
... Petitioner

Vs

1. RAJESH KUMAR METHA
... Respondent

For Petitioner :SRI.S.SHANAVAS KHAN

For Respondent :SRI.THOMAS PUTHUKULAM

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. 4318 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 fine 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. 4318 OF 2006 2

K.T. SANKARAN, J.

................................................................................... CRL. M.A. No. 12185 OF 2006 ...................................................................................

Dated this the 5th December , 2006

O R D E R

This is an application to condone the delay of 750 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. 4318 OF 2006 3

K.T. SANKARAN, J.

................................................................................... CRL. M.A. No. 12498 OF 2006 IN CRL. R.P.No. 4318 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. 28223 of 2006(I) #1. ABOOBACKER HAJI, S/O.MOHAMMED,
... Petitioner

Vs

$1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. STATE BANK OF TRAVANCORE,

! For Petitioner :SRI.SHAJI P.CHALY

For Respondent :SRI.SATHISH NINAN

*Coram

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

% Dated :05/12/2006

: O R D E R

C.N. RAMACHANDRAN NAIR, J.

```````````````````````````````````````````````````` W.P. (C) No. 28223 OF 2006 I ````````````````````````````````````````````````````

Dated this the 5th day of December, 2006



J U D G M E N T

Heard counsel for petitioner and standing counsel for 2nd respondent bank.

2. Since security offered is petitioner's house and since petitioner has undertaken to clear the balance dues under the one time settlement scheme in three instalments by 28.2.2007, writ petition is disposed of granting facility to the petitioner to clear liability by paying balance amount payable under the OTS scheme in three instalments along with interest on such amounts for belated payment at the rate of one percent per month. The first instalment will be paid on or before 31.12.2006 and the balance on or before last day of the two succeeding months. There will be a direction to petitioner to handover possession of the building to the bank by 1.3.2007, if petitioner does not settle full liability as above i.e., 28.2.2007. In the event of failure, bank will be free to take coercive steps and move for contempt. The bank will withhold coercive steps for settlement of the liability amount.

(C.N. RAMACHANDRAN NAIR, JUDGE)

aks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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