In a criminal revision petition, the High Court set aside the conviction and sentence under Section 138 of the Negotiable Instruments Act after a compromise petition under Section 147 was filed and accepted by the parties.
The conviction and sentence passed under Section 138 of the Negotiable Instruments Act are set aside. The bail bond is 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 2ND DAY OF JULY 2012/11TH ASHADHA 1934
Crl.Rev.Pet.No. 1434 of 2012 (D)
AGAINST THE JUDGMENT DATED 28-2-2012 IN CRA.309/2010 of THE SESSIONS COURT, KASARAGOD SESSIONS & MACT,KASARAGOD IN S.T.C NO. 1766/2009 of J.M.F.C.-II,HOSDRUG
REVISION PETITIONER/APPELLANT/ACCUSED:
M.P.GEORGE S/O.M.A.PAILEE, LAB ASSISTANT
ST.JUDES HIGHER SECONDARY SCHOOL, VELLARIKKUNDU RESIDING AT MALOTH HOUSE, VELLARIKUNDU P.O. HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.C.K.PRASAD
COMPLAINANT(S)/RESPONDENTS/COMPLAINANT AND STATE:
1. REJI JACOB
SONA JEWELLERS, VELLARIKUNDU, VELLARIKUNDU P.O. HOSDURG TALUK, KASARAGODE - 68.
2. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY ADV. SRI.K.RAJEEVAN
BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 02-07-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
C.T. RAVIKUMAR, J.
===========================
CRL. R.P. NO. 1434 of 2012
===========================
Dated this the 2nd day of July 2012
O R D E R
The revision petitioner was the accused in S.T.C.No.
1766/2009 on the file of the Judicial First Class Magistrate Court-II, Hosdurg. This revision petition is filed against the judgment in Criminal Appeal No. 309/2010 of the Sessions Court, Kasaragod. There is concurrent verdict of conviction and sentence against the revision petitioner under Section 138 of the Negotiable Instruments Act. The petitioner stands sentenced to undergo imprisonment till rising of the court and also to pay a compensation of Rs. 50,000/- to the complainant under Section 357 (3) of the Code of Criminal Procedure and in default of payment of compensation to undergo simple imprisonment for a period of two months. This revision petition has been filed in the said circumstances.
CRL. R.P. NO. 1434 of 2012
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offence under Section 147 of the Negotiable Instruments Act has now, been filed jointly by the revision petitioner and the 1st respondent/the complainant. The compromise is verified and brought on record. Evidently, the 1st respondent has volunteered to compound the offence under Section 138 of the Negotiable Instruments Act against the revision petitioner. The learned counsel for the 1st respondent submitted that the first respondent did volunteer to compound the offence against the revision petitioner as the case that led to the conviction and sentence of the revision petitioner has been amicably settled by the first respondent and the revision petitioner, as stated in the compounding petition. Going by the provisions under Section 147 of the Negotiable Instruments Act, an offence under Section 138 is compoundable.
CRL. R.P. NO. 1434 of 2012
# 3#
of the N.I. Act is compounded against the revision petitioner. Consequently, the conviction and sentence passed by the Judicial Magistrate of First Class-II, Hosdurg as per the judgement dated 24-09-2010 in S.T.C.No. 1766/2009, that was confirmed as per the judgement dated 28-2-2012 in Criminal Appeal No. 309/2010 of the Sessions Court, Kasaragod are set aside. The bail bond, if any, will stand cancelled.
Sd/C.T. RAVIKUMAR JUDGE
kvr/
/True copy/
P.A. to Judge
3 issues framed by the court
Whether an offence under Section 138 of the Negotiable Instruments Act can be compounded after conviction and sentence.
Whether the conviction and sentence against the revision petitioner should be set aside upon settlement.
Whether the bail bond needs to be cancelled upon compounding.
3 provisions across 2 enactments
M.P. George
Sonna Jewellers
State of Kerala
C.T. Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
