Revision petition against conviction under Section 138 NI Act allowed. Court held offence compounded due to post-conviction settlement and satisfied payment by complainant.
Judgment confirming conviction and sentence set aside; revision petitioner set at liberty; bail bond cancelled.
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I N THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND DAY OF MAY 2012/1ST JYAISHTA 1934
Crl.Rev.Pet.No. 871 of 2012
IN CRA.688/2007 of ADDL. SESSIONS COURT(SPL.COURT), KOTTAYAM IN ST.797/2004 of C.J.M.COURT,KOTTAYAM
REVISION PETITIONER/APPELLANT/ACCUSED:
GEORGE P.SAMUEL
M.G.M.HOME APPLICANCES, SANKARAMANGALAM BUILDING, NEAR KURISU JUNCTION, THIRUVALLA.
BY ADV. SRI.RAJAGOPAL PADIPPURACKAL
RESPONDENTS/RESPONDENTS/STATE-COMPLAINANT:
HIGH COURT OF KERALA, ERNAKULAM.
BY ADV. SRI.SURIN GEORGE IPE
BY PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22-05-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.T. RAVIKUMAR, J.
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C RL. R.P. NO. 871/2012
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Dated this the 22nd day of May 2012
O R D E R
The accused in S.T. No. 797/2004 on the file of the Chief judicial Magistrate Court, Kottayam is the revision petitioner. There is concurrent verdict of conviction against the petitioner under Section 138 of the Negotiable Instruments Act. The sentence to undergo simple imprisonment for six months and to pay a fine of Rs. 2,30,000/- in default to undergo simple imprisonment for a further period of three months imposed by the trial court was confirmed by the appellate court. This revision petition has been filed in the said circumstances.
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Crl. R.P. No. 871/2012
to his conviction and sentence. Now, Crl. M.A. No. 2974/2011 has been jointly filed by the revision petitioner and the second respondent/complainant stating that the dispute involved in the criminal case has been settled in between them and the second respondent-complainant obtained the amount to his full satisfaction. In the circumstances, the offence against the revision petitioner may be compounded under section 147 of the negotiable Instruments Act, it is submitted by the learned counsel on both sides. The offence alleged against the revision petitioner under section 138 of the Negotiable Instruments Act is compoundable in terms of section 147 of the Negotiable Instruments Act.
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Crl. R.P. No. 871/2012
(Special), Kottayam confirming the conviction and sentence imposed as per the judgment in S.T.No. 797/2004 of the Chief Judicial Magistrate, Kottayam is set aside. Resultantly, it is ordered to set the revision petitioner at liberty.
The bail bond stands cancelled.
Sd/-
C.T. RAVIKUMAR (JUDGE)
kvr/
/True Copy/
P.A. to Judge
1 issue framed by the court
Whether the cheque dishonour offence is compoundable after post-conviction settlement?
2 provisions across 1 enactments
GEORGE P.SAMUEL
REENA GEORGE
C.T. RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
