Shafi vs State of Kerala

SHAFI vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 23, 2023

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https://sooperkanoon.com/case/1351729

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Citation: sooperkanoon.com/1351729
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Feb 23, 2023
Case Number: Crl.Rev.Pet/1562/2016

Parties & Advocates

Appellant / Petitioner

SHAFI

Respondent

State of Kerala

Excerpt

.....23rd day of february, 2023 the petitioner is the accused in s.t. no.176 of 2006 onthe files of the judicial first class magistrate court-ii, attingal. the case originated from a complaint filed by the 2 nd respondent against the petitioner alleging commission of offence under section 138 of the negotiable instruments act. the trial court, on appreciation of evidence and consideration of the legal contentions, found the petitioner guilty and thereupon, convicted and sentenced him to undergo simpleimprisonment for four months and to pay a fine of rs.1,00,000/-. the fine, if realised, was directed to be paid as compensation to the complainant. the petitioner preferred an appeal assailing the conviction and sentence. the appellate court having dismissed the appeal, this criminal revision petition is filed.2. when the matter was taken up for consideration, learned counsel for the petitioner and the 2 nd respondent/complainant submitted that the dispute was -3-resolved in adalat and a compounding petition (crl.m.a. no.1 of 2018) is filed along with an application (crl.m.a. no.2 of 2018) for waiving the compounding fee.3. in view of the settlement arrived at in the adalat and the offence under section 138 of the negotiable instruments act being quasi civil in nature, i am inclined to allow the prayer for compounding the offence. in the result, the criminal revision petition is allowed.the judgment of the judicial first class magistrate court-ii, attingal, as affirmed in crl. appeal no.281 of 2014 of the additional sessions court-v, thiruvananthapuram are set aside. the offence under section 138 of the negotiable instruments act against the petitioner is compounded and the petitioner is acquitted of the offence. the prayer forwaiver of compounding fee is allowed. the bail bonds are cancelled. the amounts, if any deposited by the revision petitioner, shall be refunded on submission of applications for that purpose. sd/- v.g. arun judge bpr

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 AGAINST THE JUDGMENT OF CONVICTION & SENTENCE IN S.T. NO.176/2006 DATED 24/07/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL CONFIRMED IN CRIMINAL APPEAL NO.281/2014 DATED 28/07/2016 OF THE ADDITIONAL SESSIONS COURT-V, THIRUVANANTHAPURAM. REVISION PETITIONER/APPELLANT/ACCUSED: SHAFI, S/O. ABDUL RAHUMAN, SHANAVAS BUNGLOW, MANGALAPURAM, THONNAKKAL P.O., EDAVILAKOM MURI, VEILOOR VILLAGE, THIRUVANANTHAPURAM. ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 SHAFI, S/O. KASALI, SHAFI MANZIL, ANDOORKONAM P.O.,ANDOORKONAM DESOM, THIRUVANANTHAPURAM,PIN-695 584. R2 ADV. SRI. A. AHZAR R1 SRI. RENJITH GEORGE, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

Dated this the 23rd day of February, 2023 The petitioner is the accused in S.T. No.176 of 2006 on

the files of the Judicial First Class Magistrate Court-II, Attingal. The case originated from a complaint filed by the 2 nd respondent against the petitioner alleging commission of offence under Section 138 of the Negotiable Instruments Act. The trial court, on appreciation of evidence and consideration of the legal contentions, found the petitioner guilty and thereupon, convicted and sentenced him to undergo simple

imprisonment for four months and to pay a fine of Rs.1,00,000/-. The fine, if realised, was directed to be paid as compensation to the complainant. The petitioner preferred an appeal assailing the conviction and sentence. The appellate court having dismissed the appeal, this Criminal Revision Petition is filed.

2. When the matter was taken up for consideration, learned Counsel for the petitioner and the 2 nd respondent/complainant submitted that the dispute was -3-

resolved in Adalat and a compounding petition (Crl.M.A. No.1 of 2018) is filed along with an application (Crl.M.A. No.2 of 2018) for waiving the compounding fee.

3. In view of the settlement arrived at in the Adalat and the offence under Section 138 of the Negotiable Instruments Act being quasi civil in nature, I am inclined to allow the prayer for compounding the offence. In the result, the Criminal Revision Petition is allowed.

The judgment of the Judicial First Class Magistrate Court-II, Attingal, as affirmed in Crl. Appeal No.281 of 2014 of the Additional Sessions Court-V, Thiruvananthapuram are set aside. The offence under Section 138 of the Negotiable Instruments Act against the petitioner is compounded and the petitioner is acquitted of the offence. The prayer for

waiver of compounding fee is allowed. The bail bonds are cancelled. The amounts, if any deposited by the revision petitioner, shall be refunded on submission of applications for that purpose. Sd/- V.G. ARUN JUDGE bpr

Same Court & Year Kerala · 2023 Same Parties SHAFI vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun