The court set aside the conviction and sentence of the appellant in a cheque-bounce case after finding that the dispute had been settled via a voluntary compounding petition. The offence stands compounded, leading to acquittal and waiver of deposit stipulations.
Conviction and sentence set aside; revision petitioner acquitted. Condition of deposit waived.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
CRL.REV.PET NO. 248 OF 2019
AGAINST THE JUDGMENT IN CRA.170/2017 OF ADDITIONAL DISTRICT & SESSIONS COURT, MUVATTUPUZHA CONFIRMING THE JUDGMENT IN ST.4941/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,KURUPPUMPADY
REVISION PETITIONER/APPELLANT/ACCUSED:
USMAN AGED 39 YEARS S/O ABDUL REHIMAN, AMBADAN HOUSE,VALLAM RAYONPURAM
BY ADVS. V.RAJENDRAN (PERUMBAVOOR) SRI.N.RAJESH
RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT:
2 MUHAMMED, AGED 38 YEARS S/O IBRAHIM, CHITTETHIKUDY HOUSE, ODAKKALY, ASSAMANNOOR P.O. ERNAKULAM DISTRICT-683 549
BY ADV SRI.PEEYUS A.KOTTAM-R2 SRI.M.P. PRSANTH, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.R.P. No.248/2019
: 2 :
N. NAGARESH, J.
Crl.R.P. No.248 of 2019
Dated this the 8th day of September, 2023
O R D E R
~ ~ ~ ~ ~ ~
This Criminal Revision Petition has been filed
under Sections 397 and 401 of the Code of Criminal Procedure, 1973 challenging the judgment dated 21.06.2018 in Criminal Appeal No.170/2017 on the files of the Additional District and Sessions Judge, Muvattupuzha confirming the judgment dated 16.05.2017 in S.T. No.4941/2015 of the Judicial First Class Magistrate's Court, Kuruppampady.
Crl.R.P. No.248/2019
: 3 :
Aggrieved by the conviction and sentence passed by the Appellate Court, the Revision Petition has been filed.
dispute has been settled between the parties. A Compounding Petition has been filed as Crl. M.A. No.1/2023 by the revision petitioner and the 2nd respondent under Section 147 of the Negotiable Instruments Act, 1881.
Compounding Petition appears to have been filed by the parties voluntarily. A perusal of the Compounding Petition would show that now the dispute has been settled between the parties and the 2nd respondent does not want to proceed with the case any further.
Crl.R.P. No.248/2019
: 4 :
accordingly. The stipulation regarding deposit of amount as a condition for compounding of the offence under Section 138, would stand waived.
The Criminal Revision Petition is disposed of as
above.
Sd/-
N. NAGARESH, JUDGE
aks/12.09.2023
2 issues framed by the court
Whether the conviction and sentence should be set aside due to settlement and compounding of the dispute.
Whether the effect of compounding under Section 320(8) Cr.P.C. is to acquit the accused.
4 provisions across 2 enactments
Usman
State of Kerala
Muhammed
N. Nagares
Justice N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
