The Court allowed the Criminal Revision Petition allowing compounding of the offence under Section 138 of the Negotiable Instruments Act after parties settled disputes. Conviction and sentence were set aside, and the accused was acquitted.
The offence under Section 138 NI Act is compounded; conviction and sentence set aside; accused acquitted and set at liberty.
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 M.L.JOSEPH FRANCIS
FRIDAY, THE 14TH DAY OF MARCH 2014/23RD PHALGUNA, 1935
Crl.Rev.Pet.No. 581 of 2004 (C)
CRL.APPEAL 78/2001 of SESSIONSCOURT, KASARAGOD CC 135/1998 of C.J.M.,KASARAGOD
REVISION PETITIONER/APPELLANT AND ACCUSED:
K.HAMEED, AGED 48 YEARS TIMBER MERCHANT, N.H. ROAD, KUMBLA P.O. KASARAGOD.
BY ADV. SRI.PRAVEEN K. JOY
RESPONDENTS/STAE & COMPLAINANT::
1ST FLOOR, OXFORD BULDING, KUMBLA REP. BY POWER OF ATTORNEY HOLDER K.C. CHANDRA MOHANAN, S/O. K.C. GOPALAKRISHNAN, PARAKKATTA ROAD RAMDAS NAGAR POST, KASARGOD.
BY PUBLIC PROSECUTOR, SMT P MAYA
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.L. JOSEPH FRANCIS J.,
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Dated this the 14th day of March 2014
ORDER
This Criminal Revision Petition is filed by the accused in
C.C. No.135 of 1998 on the file of Chief Judicial Magistrate Court, Kasaragod challenging the conviction and sentence under Section 138 of the Negotiable Instruments Act (for short 'the NI Act'). The cheque amount was `40,000/-. The trial court convicted the accused under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment for six months. In Crl. Appeal No.78 of 2001 filed before the Sessions Court, Kasaragod, the conviction was confirmed and the sentence was modified and the accused was sentenced to
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undergo imprisonment till rising of the court and to pay a compensation of `40,000/- to the complainant in default to undergo simple imprisonment for two months. Against that
judgment, the appellant/accused filed this Criminal Revision Petition.
Petition, the revision petitioner/accused and the
respondent/complainant filed Crl.M.Appln.No.674 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 `2,000/- before the Kerala State Legal Service Authority towards compounding costs. Since the matter is amicably settled between the parties, Crl.M.Appln. No.674 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
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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. No.135 of 1998 on the file of Chief Judicial Magistrate Court, Kasaragod 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 //
1 issue framed by the court
Whether the revision petitioner is entitled to be acquitted and set at liberty after the offence is compounded amicably during the pendency of the revision petition.
2 provisions across 2 enactments
K.Hameed
State of Kerala
M/s. Gurudatta Finance Corporation
M. L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
