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2010 Supreme(Ker) 326

THOMAS P.JOSEPH
Beena – Appellant
Versus
Balakrishnan Nair – Respondent


Advocates appeared:
For the Petitioners:B. Krishnamani, George Zacharia Eruthickal, Advocates.
For the Respondents: R2, State Prosecutor.

Judgment :-

(Petition praying that in the circumstances stated in the affidavit filed therewith the High Court be pleased to direct the Judicial First Class Magistrate Court, Kattakada to accept Annexure-I in the proceedings, C.C.No.30/2003 and pass appropriate order therein.

Petition praying that in the circumstances stated therein the High Court be pleased to direct closing up of all the proceedings in S.T.No.825 of 2006 on the file of the Hon’ble Court of the Judicial Magistrate of the 1st Class-II (Mobile), Kottayam, after extending the time granted for deposit of the fine amount, and also to recall the warrant issued against the applicant.)

Common Order: Common question of law raised in these petitions is whether after the Revision Petition is finally disposed of by the High Court on merit and the final order is signed it could accept composition entered between the accused and complainant under Section 147 of the Negotiable Instruments Act (for short, “the Act”).

2. Revision petitions arose from conviction and sentence of petitioners for offence punishable under Section 138 of the Act. This Court disposed of the revision petitions on merit as per orders dated 10.06.2009 and 06









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