V.I.UTHUPPAN vs. THANKACHAN

Case Type: Criminal Appeal

Date of Judgment: 09-07-2012

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEALS NO. 986-987 OF 2012 (@ SPECIAL LEAVE PETITIONS(CRL.)NO.2096-2097 OF 2011) V.I. UTHUPPAN ... APPELLANT VERSUS THANKACHAN & ANR. ... RESPONDENTS O R D E R 1. Leave granted. 2. We have heard learned counsel for the parties to the lis. 3. During the pendency of these appeals, the parties have entered into a settlement. Accordingly, they have filed an application before this Court on 06.06.2012. In the said application, the terms and conditions settled between the parties are noted. 4. In view of the settlement that has been arrived at by the parties to the lis, we permit the parties to compound the offence punishable under Section 138 of the Negotiable Instruments Act ('the Act' for short). 5. Accordingly, we set aside the orders passed by the Trial JUDGMENT Court as confirmed by the High Court. The appeals are allowed. Ordered accordingly. .......................J. (H.L. DATTU) .......................J. (CHANDRAMAULI KR. PRASAD) NEW DELHI; Page 1 JULY 09, 2012 JUDGMENT Page 2 ITEM NO.52 COURT NO.8 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl) No(s).2096- 2097/2011 (From the judgement and order dated 27/10/2010 in CRLRP No.1434/2009,CRLRP No.2323/2009 of The HIGH COURT OF KERALA AT ERNAKULAM) V.I.UTHUPPAN Petitioner(s) VERSUS THANKACHAN & ANR Respondent(s) (With appln(s) for exemption from filing O.T.,stay,permission to file additional documents and office report ) Date: 09/07/2012 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD For Petitioner(s) Mr.P.B.Suresh, Adv. Mr.Vipin Nair, Adv. Mr.Udayaditya Banerjee, Adv. for M/S. Temple Law Firm,Advs. JUDGMENT For Respondent(s) Mr. Nishe Rajen Shonker,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. We have heard learned counsel for the parties to the lis. Appeals allowed, in terms of the signed order. (G.V.Ramana) (Vinod Kulvi) Court Master Court Master (signed order is placed on the file) Page 3