Allowed

Anurani Sandeep v. State of Kerala

Kerala HC18 Oct 2022Crl.Rev.Pet/699/2022

Case brief

AI extract

What is this about?

Revision petition allowed. Upon finding grounds convincing for exemption, cost deposit waived. Compounding of cheque dishonour offence allowed, having the effect of acquittal. Conviction and sentence set aside; accused set at liberty and bail bond cancelled.

What did the court decide?

Compounding allowed; conviction and sentence set aside; accused set at liberty; bail bond cancelled; cost deposit waived.

Anurani Sandeep Vs State of Kerala — Cheque Dishonour | Kerala HC (2022)

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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 A. BADHARUDEEN

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TUESDAY, THE 18TH DAY OF OCTOBER 2022 / 26TH ASWINA, 1944

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CRL.REV.PET NO. 699 OF 2022

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ST.NO.12059/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III, KOLLAM

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CRA.NO.75/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, KOLLAM

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REVISION PETITIONER/APPELLANT/ACCUSED:

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ANURANI SANDEEP
AGED 35 YEARS
PUTHENPARAMBILVEEDU,
THRIKKARUVA, KANJAVELI P.O., KOLLAM.
NOW RESIDING AT
NEDIYAZHIKATHUVEEDU,
THRIKKARUVA, KANJAVELI PO., KOLLAM-691602
BY ADV M.R.SARIN

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RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY
THE PUBLIC PROSECUTOR,HIGH COURT KERALA, ERNAKULAM -
682031
2JAYA SADANANDAN,
AGED 57 YEARS, W/O SADANANDAN,
JAYA SADAN VILLA, NALANDA NAGAR 114,
THIRUMULLAVARAM P.O.,
PUNNATHALA CHERRY, KOLLAM-691012
R1 BY SR.PP-SRI.T.R.RENJITH
R2 BY ADV S.GREESHMA SHANMUKHAN

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 18.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.REV.PET NO. 699 OF 2022 2

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O R D E R

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This is a revision petition filed under Sections 397 and 401 of Cr.P.C. challenging conviction and sentence entered into by the Judicial First Class Magistrate Court – III, Kollam, in S.T.No.12059/2015 and confirmed by the Additional Sessions Court – VI, Kollam, as per judgment dated 27.10.2020 in Crl.A. No.75/2019.

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As the matter has been amicably settled, the revision petitioner as well as the second respondent/the original complainant jointly filed Crl.M.A.No.3 of 2022 to compound the offence along with the revision petition. They also filed Crl.M.A.No.4 of 2022 to grant exemption from payment of 15% of cheque amount as cost for compounding the offence, highlighting the financial crisis of the revision petitioner.

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Since the grounds raised seeking exemption to deposit the cost found to be convincing, deposit of cost stands waived.

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Compounding an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter

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CRL.REV.PET NO. 699 OF 2022 3

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referred to as ‘the N.I.Act’) is permissible at any stage since the same is a deemed offence. Therefore, there is no reason to disallow the compounding petition. Since the parties settled the matter, the compounding has the effect of acquittal under Section 320(8) of Cr.P.C. Accordingly, compounding as sought for in Crl.M.A.No. 3 of 2022 is allowed.

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In the result, this revision petition stands allowed as compounded and the conviction and sentence imposed by the trial court as well as the appellate court under Section 138 of the N.I.Act stand set aside and the revision petitioner/accused is set at liberty, forthwith, and his bail bond, if any, stands cancelled.

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Sd/-

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A. BADHARUDEEN JUDGE

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//True copy//

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PA To Judge

Anurani Sandeep v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anurani Sandeep v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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