In a criminal revision petition filed by a convicted cheque dishonour case, the single Judge held that the offence is compoundable and allowed the petition since the entire amount was paid, consequently acquitting the appellant.
Conviction and sentence set aside; revision petitioner acquitted; bail bonds discharged.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942
Crl.Rev.Pet.No.999 OF 2019
AGAINST THE JUDGMENT IN CRA 216/2008 DATED 20-01-2011 OF I ADDITIONAL SESSIONS JUDGE,KOLLAM IN CC 1468/2005 DATED 2403-2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA
REVISION PETITIONER/APPELLANT/ACCUSED:
JANAKI SADANANDAN, AGED 30 YEARS JANAKI BHAVAN, KALLINMEL CHERI, KAVANADU P.O., KOLLAM.
BY ADVS. SRI.R.KISHORE (KALLUMTHAZHAM) SMT.P.SREESHA
RESPONDENT/COMPLAINANT/STATE:
1 V.SAHADEVAN MURALI SADANAM, DARPPAKKADU, AIRAKUZHY P.O., KADAKKAL, KOLLAM, PIN-691 559.
2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
R1 BY ADV. SRI.K.S.PRAVEEN(BY ORDER) R1 BY ADV. SRI.S.R.SREEJITH
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No.999 OF 2019 ..2..
ORDER
Dated this the 21st day of December 2020
The revision petitioner is aggrieved by her conviction and sentence in C.C.No.1468/2005 of the Judicial First Class Magistrate Court-I, Kottarakara, as affirmed in Criminal Appeal No.216/2008 of the Additional Sessions Court, Kollam. The judgment convicting the revision petitioner was rendered on a complaint filed by the first respondent under Section 138 of the Negotiable Instruments Act.
by the revision petitioner and the first respondent herein, seeking permission to compound the offence.
Crl.Rev.Pet.No.999 OF 2019 ..3..
compounding under Section 320 (6) Cr.P.C. Considering that the entire amount has been paid, I am inclined to allow the request for compounding, which is having the effect of acquittal under section 320 (8) of Cr.P.C.
In the result, the Criminal revision petition is allowed. Conviction and sentence passed by the courts below under Section 138 of the N.I.Act is set aside and the revision petitioner is acquitted. The bail bonds of the revision petitioner and sureties stands discharged.
SB/21/12/2020
Sd/V.G.ARUN JUDGE
//true copy //
P.A to Judge
2 issues framed by the court
Whether the High Court can allow compounding of an offence under Section 138 of the Negotiable Instruments Act where the revision petitioner was already convicted.
Whether the payment of the entire amount warrants setting aside the conviction and sentence via a criminal revision petition.
4 provisions across 2 enactments
JANKI SADANANDAN
V.SAHADEVAN MURALI SADANAM
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
