Allowed

Dai. K. Augustine v. State of Kerala

Kerala HC7 Aug 2018Crl.Rev.Pet/967/2018

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision petition, granting permission to compound the offence under Section 138 of the Negotiable Instruments Act, 1881 due to settlement. Consequently, the conviction and sentence were set aside, the appellant was acquitted, and the bail bond was discharged, relying on Section 320(8) CrPC.

What did the court decide?

Permission to compound the offence under Section 147 granted; conviction and sentence set aside; appellant acquitted; bail bond discharged.

Dai. K. Augustine Vs State of Kerala — Cheque Dishonour | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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TUESDAY, THE 7TH DAY OF AUGUST 2018 / 16TH SRAVANA, 1940

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Crl.Rev.Pet.No. 967 of 2018

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CRA 258/2016 of SESSIONS COURT,KASARAGOD CC 163/2014 of J.M.F.C.-II,HOSDRUG

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REVISION PETITIONER/APPELLANT/ACCUSED

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DAI. K. AUGUSTINE AGED 43 YEARS, S/O.AUGUSTINE, R/AT KUNNEL, PURAYIDATHIL HOUSE, KARATTU, PARAPPA, VELLARIKKUND TALUK.

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BY ADV.SRI.A.ARUNKUMAR

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RESPONDENT(S)/RESPONDENT/ COMPLAINANT AND STATE :

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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E.D.JOSE, AGED 59 YEARS, S/O.DEVASIA, R/AT EDAKKAROTTU, CHITTARIKKAL P.O., VELLARIKKUND TALUK, KASARAGOD- 671315.

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R1 BY ADV. SRI.SATHEESHAN ALAKKADAN R2 BY PUBLIC PROSECUTOR, SHRI E C BINEESH

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07-08-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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dl/

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B. SUDHEENDRA KUMAR, J.

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Crl.R.P. No. 967 of 2018

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Dated this the 7^th day of August, 2018

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ORDER

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CMA No. 4631 of 2018 has been jointly filed by the revision petitioner and the second respondent herein, who is the complainant before the trial court, praying for granting permission to compound the offence and to record the composition.

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This Court as per order dated 7-8-2018 in Crl.M.A. No. 4632 of 2018 waived the cost to be deposited by the revision petitioner before the Legal Services Authority as a condition precedent to grant permission to compound the offence as held by the Apex Court in Damodar S. Prabhu v. Sayed Babalal [2010 (2)KLT 587 (SC).

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Crl.R.P. No. 967 of 2018

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-: 2 :-

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The offence under Section 138 of the Negotiable Instruments Act, 1881 is compoundable under Sec. 147 of the Negotiable Instruments Act. Since the matter has been settled between the parties, it is only just and proper to grant permission to compound the offence. Accordingly, permission stands granted and the composition stands recorded, which is having the effect of acquittal under Section 320 (8) of the Code.

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In the result, this Revision Petition stands allowed setting aside the conviction and sentence passed by the courts below under Section 138 of the Negotiable Instruments Act and the revision petitioner stands acquitted for the said offence. The bail bond of the revision petitioner stands discharged.

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Sd/-B. SUDHEENDRA KUMAR, JUDGE.

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ani/

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/true copy/

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P.S. to Judge

Dai. K. Augustine v. State of Kerala

Case brief

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Dai. K. Augustine v. State of Kerala

Case brief

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