Annamma Joseph v. State Of Keala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 Crl.MC.No. 3918 of 2013 --------------------------------- CC 371/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MUVATUPUZHA ------------------------ PETITIONER(S)/ACCUSED:

-------------------------------------- ANNAMMA JOSEPH, AGED 65 YEARS, W/O. THOMAS JOSEPH, PROPRIETRIX, M/S. ANNS HOUSE OF SWEETS, CATHEDRAL CHURCH ROAD, PALA KOTTAYAM DISTRICT.

BY ADVS.SRI.P.N.SUKUMARAN SRI.BIJU SUKUMARAN SRI.K.A.ANAS RESPONDENT(S)/STATE AND COMPLAINANT:

----------------------------------------------------------------

1. STATE OF KEALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. AXIS BANK LIMITED, CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM, KOCHI, REPRESENTED BY ITS ASSISTANT VICE PRESIDENT MR. ABRAHAM THOMAS AGED 35 YEARS, S/O. LATE T.A. THOMAS.

* ADDL.R3 IMPLEADED

3. M/S.ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED, HAVING ITS REGISTERED OFFICE AT THE RUBY, 10TH FLOOR, NO.29, SENAPATHY BAPAT MARG, DADAR (W), MUMBAI 400 028 REPRESENTED BY ITS VICE PRESIDENT, SURESH M.V., AGED 46, S/O.LATE GANADHARAN. ADDL.R3 IMPLEADED AS PER ORDER DATED 23/10/13 IN CRL.MA.8183/13 IN R1 BY PUBLIC PROSECUTOR SMT.SAREENA R3 BY ADVS. SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 3918 of 2013 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------------------------ ANNEXURE-1: CERTIFIED COPY OF THE COMPLAINT IN C.C.NO.371/2012 OF JFCM, MUVATTUPUZHA.

ANNEXURE-2: TRUE COPY OF THE LETTER DATED 22.3.2013 ISSUED BY M/S.AXIS BANK.

RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 3918 of 2013 ======================= Dated this the 16th day of October, 2015

O R D E R

Annexure-1 complaint filed by alleging the offence under Section 138 of the Negotiable Instruments Act, is under challenge.

2. The parties have settled the matter and a compounding petition has been filed under Section 147 of the Negotiable Instruments Act read with Section 320 Cr.P.C. The composition of the offence is accepted and the offence is treated as compounded. The composition of the offence has the effect of the acquittal, under Section 320(8) Cr.P.C.

Crl.M.C. No.3918 of 2013 In the result, C.C.No.371 of 2012 of the Judicial First Class Magistrate's Court, Muvattupuzha is disposed of by acquitting the accused within the meaning of Section 320(8) Cr.P.C. Sd/- B.KEMAL PASHA JUDGE DSV/16/10/15 // True Copy // P.A. To Judge