Thresiamma Skariah Vs P.M.Philipose — Cheque Dishonour | Kerala HC (2025)

Thresiamma Skariah Vs P.M.Philipose — Cheque Dishonour | Kerala HC (2025)

What the court decided

AI extract

Outcome

Revision petition allowed: concurrent findings of conviction and sentence set aside; offence held lawfully compounded; petitioner acquitted under Section 320(8) Cr.P.C read with Section 147 of the Negotiable Instruments Act.

Issue for consideration

Whether the offence under Section 138 of the Negotiable Instruments Act could be compounded on the amicable settlement between the parties, warranting acquittal of the revision petitioner.

Court's answer

Having regard to the amicable settlement between the parties and the absence of any subsisting grievance of the de facto complainant against the petitioner, the request for compounding the offence was allowed.

Ratio / Principle

The concurrent findings of conviction and sentence of the petitioner by the Chief Judicial Magistrate Court, Pathanamthitta (ST No.80/2003) and the Additional Sessions Court, Pathanamthitta (Crl.Appeal No.431/2006) were set aside.

Key takeaways

The offence alleged against the petitioner was held to be lawfully compounded between the parties.ratio¶32
The petitioner was acquitted under Section 320(8) Cr.P.C read with Section 147 of the Negotiable Instruments Act.ratio¶33

Detailed headnote1 paragraphs

Kerala High Court (Ernakulam), CRL.REV.PET No.4178 of 2008, decided 03.04.2025 by G. Girish J. (neutral citation 2025:KER:28462). Revision by the accused, Thresiamma Skariah, against the judgment dated 25.11.2008 in Crl.A No.431 of 2006 of the Additional Sessions Court (Adhoc)-II, Pathanamthitta, which confirmed her conviction in ST No.80/2003 (Chief Judicial Magistrate, Pathanamthitta) for an offence under Section 138 of the Negotiable Instruments Act arising from a private complaint by P.M.Philipose (Loyal Bankers, Cherukole), and modified the sentence to imprisonment till the rising of the court with a fine of Rs.2,01,500/- (default: three months' simple imprisonment); the trial court had earlier sentenced her to six months' simple imprisonment with compensation of Rs.2,01,500/- under Section 357(3) Cr.P.C. At admission, counsel for both sides reported an amicable settlement, supported by the de facto complainant's notarized affidavit dated 14.02.2025 (Annexure Ill) seeking compounding and acquittal. Held: the request for compounding was allowed; the concurrent findings of conviction and sentence were set aside; the offence was held lawfully compounded; and the petitioner was acquitted under Section 320(8) Cr.P.C read with Section 147 of the Negotiable Instruments Act.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE G.GIRISH

THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

CRL.REV.PET NO. 4178 OF 2008

JUDGMENT DATED 25.11.2008 IN Crl.A NO.431 OF 2006 OF

ADDITIONAL SESSIONS COURT (ADHOC)-II, PATHANAMTHITTA

JUDGMENT DATED 07.11.2006 IN ST NO.80 OF 2003 OF CHIEF

JUDICIAL MAGISTRATE PATHANAMTHITTA

REVISION PETITIONER/APPELLANT/ACCUSED:

THRESIAMMA SKARIAH
KAIPAN PALACKAL HOUSE, THADIYOOR, PATHANAMTHITTA
DISTRICT.

BY ADVS.
SRI.VARUGHESE M EASO
SRI.VIVEK VARGHESE P.J.

RESPONDENTS/RESPONDENTS/COMPLAINANT:

1 P.M.PHILIPOSE MANAGING PARTNER, LOYAL BANKERS, CHERUKOLE, REPRESENTED BY IT'S, POWER OF ATTORNEY HOLDER, K.R.SIVANKUTTY, S/O. RAMAKRISHNAN, KANJIRATHUMPARAYIL, CHERUKOLE,, PATHANAMTHITTA DISTRICT.

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

BY ADVS.
SRI.SAJJU.S
SRI. K.SHAJ

SRI SANGEETHARAJ NR, PUBLIC PROSECUTOR

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

Crl.R.P No.4178 of 2008 2

2025:KER:28462

ORDER

The revision petitioner is the accused in ST No.80/2003, on the files of the Chief Judicial Magistrate Court, Pathanamthitta, a case which arose from a private complaint filed by the 1st respondent, alleging commission of offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate convicted and sentenced the petitioner to Simple Imprisonment for six months, with a direction to pay compensation Rs.2,01,500/- under Section 357(3) Cr.P.C. In the appeal, the learned Sessions Judge confirmed the conviction and modified the sentence to imprisonment till the rising of the court and fine Rs.2,01,500/-, with a default clause of Simple Imprisonment for three months. Challenging the above judgment of the Appellate Court in Criminal Appeal No.431 of 2006, the petitioner has filed this revision before this Court.

When the matter is taken up for consideration today, the learned counsel representing the petitioner and the 1st respondent submitted that the issue has been amicably settled between the parties, and hence, the case has to be compounded. The petitioner has produced the affidavit of the de facto complainant duly attested by a notary public. In the aforesaid affidavit, it is stated that since the issue has been settled,

Crl.R.P No.4178 of 2008 3

2025:KER:28462

the case has to be compounded and the petitioner has to be acquitted.

Having regard to the above development of the case wherein

the issue has been amicably settled between the parties, and the de facto complainant is not having any subsisting grievance as against the petitioner,

I am of the view that the request for compounding the offence has to be allowed.

In the result, the revision petition stands allowed as follows:

i) The concurrent findings of conviction and sentence of the petitioner by the Chief Judicial Magistrate Court, Pathanamthitta, in ST No.80/2003, and the Additional Sessions Court, Pathanamthitta, in Crl.Appeal No.431/2006, are hereby set aside.

ii) The offence alleged against the petitioner is found to be lawfully compounded between the parties.

iii) The petitioner is acquitted under Section 320(8)

Cr.P.C read with Section 147 of the Negotiable Instruments Act.

Sd/-

G.GIRISH JUDGE

IAP

2025:KER:28462

Crl.R.P No.4178 of 2008 4

APPENDIX OF CRL.REV.PET 4178/2008

PETITIONER’S ANNEXURES:

Annexure Ill THE NOTARIZED COPY OF THE AFFIDAVIT DATED
14.02.2025 SIGNED BY THE 1ST RESPONDENT