High Court allowed criminal revision petition allowing compounding of a cheque dishonour case. Offence compounded under Section 138 NI Act; conviction, sentence, and acquittal under Section 320(8) CrPC granted.
Compounding of offence under Section 138 NI Act allowed; conviction and sentence set aside; accused acquitted and set at liberty.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
THURSDAY, THE 20TH DAY OF MARCH 2014/29TH PHALGUNA, 1935
Crl.Rev.Pet.No. 575 of 2014 ()
Crl.Appeal 157/2001 of ADDL.SESSIONS COURT-I,MAVELIKKARA CC 111/2000 of J.M.F.C-II., HARIPAD
PETITIONER/APPELLANT/ACCUSED:
SIVASANKARAN NAIR
S/O.RAMAN NAIR, RESIDING AT NEELETHUVEEDU NADAKKAVU MURI, PERINGALA P.O., KAYAMKULAM.
BY ADVS.SRI.R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
RESPONDENT/RESPONDENT/COMPLAINANT AND STATE:
R1 BY ADV. SMT.LIGEY ANTONY
R2 BY PUBLIC PROSECUTOR, SHRI THOMAS J AMBOOKEN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.L. JOSEPH FRANCIS J.,
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Dated this the 20th day of March 2014
ORDER
This Criminal Revision Petition is filed by the accused in C.C. No.111 of 2000 on the file of Judicial First Class Magistrate-II, Haripad challenging the conviction and sentence under Section 138 of the Negotiable Instruments Act (for short 'the NI Act'). The cheque amount was 50,000/-. The trial court convicted the accused under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment for three months and to pay a fine of 5,000/- to the complainant in default to undergo simple imprisonment for one month. The fine amount, if realised, `4,000/- was ordered to be paid to the
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Crl.R.P. No.575 of 2014
complainant as compensation. Crl. Appeal No.157 of 2001 filed before the Additional Sessions Court-1, Mavelikkara against the conviction and sentence, was dismissed. Against that judgment, the appellant/accused filed this Criminal Revision Petition.
respondent/complainant filed Crl.M.Appln.No.1871 of 2014 for compounding the offence under Section 138 of the NI Act stating that they have settled all their disputes. The revision petitioner deposited `1,000/- before the Kerala State Legal Service Authority towards compounding costs. Since the matter is amicably settled between the parties, Crl.M.Appln.No. 1871 of 2014 is allowed and permission is granted to compound the offence under Section 138 of the NI Act.
Accordingly this Criminal Revision Petition is allowed
Crl.R.P. No.575 of 2014
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and the offence under Section 138 of the NI Act is compounded
and the conviction and sentence against the accused in C.C
C.C. No.111 of 2000 on the file of Judicial First Class Magistrate-II, Haripad under Section 138 of the NI Act is set aside and the accused is acquitted under Section 320(8) of the
Code of Criminal Procedure and set at liberty.
Sd/-
M. L. JOSEPH FRANCIS, (JUDGE)
dl/
// TRUE COPY //
PA TO JUDGE
1 issue framed by the court
Whether the conviction and sentence should be set aside and the accused acquitted given the subsequent compounding of the offence under Section 138 of the NI Act.
2 provisions across 2 enactments
Sivasankaran Nair
K.S. Harikumar
The State of Kerala
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
