Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE5H DAY OF FEBRUARY201416TH MAGHA, 1935 Crl.Rev.Pet.No. 164 of 2014 () ------------------------------- AGAINST THE JUDGMENT
IN CRL.A5612005 of ADDL.SESSIONS COURT I, MAVELIKKARA DATED0606-2006 AGAINST THE JUDGMENT
IN CC4092003 of J.M.F.C.-I, MAVELIKKARA DATED2807-2005 REVISION PETITIONER/APPELLANT/ACCUSED : -------------------------------------- LIZZY BENJAMIN D/O. CHINNAMMA, PURAMTHADAYIL, KODUKULANJIKARODU VENMONY. BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN RESOPONDENTS/RESPONDENTS/STATE AND COMPLAINANT : ------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. K.T. THOMAS KANNATHU FINANCIERS MAVELIKKARA (ERRONEOUSLY SHOWN AS 'K.P. THOMAS' IN THE JUDGMENT
) - 690 101. R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2 BY ADV. SRI.JACOB P.ALEX THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON0302-2014, THE COURT ON0502-2014 PASSED THE FOLLOWING: AV M.L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No.164 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February 204 ORDER
This Criminal Revision Petition is filed by the accused in C.C. No.409 of 2003 on the file of Judicial First Class Magistrate Court, Mavelikkara. The cheque amount was `20,000/-. The trial court convicted the accused under Section 138 of the Negotiable Instruments Act (for short 'the NI Act') and sentenced him to undergo simple imprisonment for one year and to pay fine of `5,000/- and to pay `25,000/- as compensation to the complainant in default to undergo simple imprisonment for six months. In appeal, the conviction was confirmed but the sentence was modified and the accused was Crl.R.P.No.164 of 2014 :2: sentenced to undergo imprisonment till rising of the court and also to pay `25,000/- as compensation to the complainant in default to undergo simple imprisonment for two months. Against that judgment, the accused filed this Criminal Revision Petition.
2. During the pendency of this Criminal Revision Petition, the revision petitioner and second respondent/ complainant filed Crl.M.A. No.580 of 2014 for permission to compound the offence under Section 138 of the NI Act stating that the revision petitioner paid `25,000/- to the complainant and settled all the disputes. The revision petitioner filed Crl.M.A. No.581 of 2014 stating that he has no capacity to remit the compounding fee and that he is undergoing treatment for his illness. Since the cheque amount is not a substantial one, I allow Crl. M.A. No.581 of 2014 and the revision petitioner is exempted from paying the compounding costs. Crl.R.P.No.164 of 2014 :3: Since the matter is amicably settled between the parties, Crl.M.A.No.580 of 2014 is allowed and permission is granted to compound the offence under Section 138 of the NI Act. Accordingly this Criminal Revision Petition is allowed. The offence under Section 138 of the NI Act is compounded. The conviction and sentence of the accused in C.C. No.409 of 2003 on the file of Judicial First Class Magistrate Court, Mavelikkara under Section 138 of the NI Act is set aside and the accused is acquitted under Section 320(8) of Code of Criminal Procedure and set at liberty. His bail bond is cancelled. Sd/- M. L. JOSEPH FRANCIS, (JUDGE) dl/