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K.REMESH versus RAJESH KUMAR METHA

High Court of Kerala

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K.REMESH v. RAJESH KUMAR METHA - Crl Rev Pet No. 4317 of 2006 [2006] RD-KL 2527 (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


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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