The High Court of Kerala allowed a criminal revision petition. The court set aside the conviction and sentence of the petitioner for cheque dishonour under Section 138 NI Act after the complainant voluntarily compounded the offence and the dispute was settled.
Conviction and sentence set aside; petitioner acquitted and any bail bond cancelled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934
Crl.Rev.Pet.No. 1148 of 2012 ( )
CRA.247/2007 of ADDL. DISTRICT COURT (ADHOC)-II, PALAKKAD ST.4604/2005 of J.M.F.C.-II,PALAKKAD
REVISION PETITIONER(S)/APPELLANT/ACCUSED::
A.JAYARAJ, REVENUE DEPARTMENT, MUNICIPAL OFFICE, PALAKKAD.
BY ADV. SRI.K.ANAND
COMPLAINANT(S)/RESPONDENTS/STATE & COMPLAINANT::
1. STATE OF KERALA
2. M.P.RAJENDRAPRASAD, S/O.M.R.PADMANABHAN, MUNDAKADATH HOUSE, KIZHAKKETHARA, KOTTEKKAD
BY ADV. SRI.JACOB SEBASTIAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PN
C.T. RAVIKUMAR, J.
Crl. R. P. No. 1148 of 2012
Dated this the 4th day of June, 2012
ORDER
The revision petitioner is the sole accused in S. T. No. 4604/2005 of JFCM – II, Palakkad. He was convicted under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months and to pay compensation of Rs.50,000/- (Rupees Fifty thousand only) under Section 357(3) of the Cr.P.C. with a default sentence of two months. In the appeal preferred as Criminal Appeal No. 247/2007, the appellate court confirmed the conviction and sentence. This revision petition has been filed in the said circumstances.
Crl. R. P. No. 1148 of 2012
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respondent/the complainant. The 2nd respondent entered appearance through counsel. I have heard the learned counsel on both sides.
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petitioner. Resultantly, the conviction and sentence passed against the petitioner as per judgment in S.T.No. 4604/2005 of JFCM – II, Palakkad and the judgment dated 29.04.2009 in Criminal Appeal No. 247/2007 of the Court of the Additional Sessions Judge, Fast Track Court No. II, Palakkad are set aside. The petitioner is acquitted. The bail bond if any will stand cancelled.
Sd/-
C.T. RAVIKUMAR, JUDGE
/True copy/
P. A. to Judge
Pn
1 issue framed by the court
Whether a criminal conviction and sentence under Section 138 of the Negotiable Instruments Act can be set aside upon successful compromise and compounding.
3 provisions across 2 enactments
A.Jayaraj
State of Kerala
M.P. Rajendraprasad
C.T. Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
