Ayyappan Kutty v. Sajeednran

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 Crl.Rev.Pet.No. 378 of 2015 () ------------------------------- AGAINST THE JUDGMENT IN CRL.APPEAL NO. 82/2012 of ADDITIONAL SESSIONS COURT - II, NORTH PARAVUR DATED 24-09-2014 AGAINST THE JUDGMENT IN S.T.NO. 334/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT - II, NORTH PARAVUR DATED 31.12.2011 REVISION PETITIONER/APPELLANT/ACCUSED:

------------------------------------------------ AYYAPPAN KUTTY, AGED 48 YEARS S/O VAREED AYYAPPAN, THAYANKERI HOUE, ELOOR EAST UDYOGAMANDAL P.O., ELOOR-683501 BY ADV. SRI.V.K.VEERAVUNNY RESPONDENTS/COMPLAINANT:

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1. SAJEEDNRAN S/O ARUJUNA, PLAKKADAPARAMBU, PANAYIKULAM P.O. ALANGAD VILLAGE, PARAVUR TALUK-683511

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

R1 BY ADV. SRI.M.M.MEERAN R2 BY PUBLIC PROSECUTOR SRI.N.SURESH THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk

C.T.RAVIKUMAR, J --------------------------------------- ---------------------------------------- Dated this the 24th day of March, 2015

ORDER

The revisionist was the accused in S.T.No.334/2010 on the files of the court of the Judicial First Class MagistrateII,N.Paravur. He was tried for an offence under section 138 of the Negotiable Instruments Act. On being found guilty thereunder he was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,00,000/-. In default of payment of fine he was directed to undergo simple imprisonment for two months. The amount of fine on remittance or recovery was directed to be paid to the complainant as compensation under section 357(1) of the Code of Criminal Procedure. Aggrieved by the same the revision petitioner preferred Crl.A.No.82/2012. The appellate court found no merit in the contentions taken up by the revision petitioner and subsequently dismissed the appeal confirming the conviction as also the sentence imposed by the trial court. This revision petition is filed in the said circumstances. Crl.M.A.No.1562/2015 has been filed in this revision petition seeking permission for

compounding the offence under section 147 of the N.I.Act. There cannot be any doubt with respect to the position that an offence under section 138 is compoundable under section 147 of the N.I.Act. I have heard the learned counsel for the revision petitioner as also the first respondent. The learned counsel on both sides endorsed the fact that the dispute involved in this matter has been amicably settled between the parties, as has been stated in the petition. The parties have duly verified the petition. In the said circumstances, taking into account the fact that the issues involved is amicably settled between the parties I do not find any reason to decline the permission sought for. Accordingly, the permission is granted for compounding the offence under section 138 of the N.I.Act. The judgment in Crl.A.No.

82/2012 of the Court of the Additional District and Sessions Judge-II, N.Paravur and the judgment of the court of the Judicial First Class Magistrate-II, N.Paravur in S.T.No.334/2010 are set aside. It is made clear that the composition of the offence will have the effect of acquittal of the revision petitioner of the charge under section 138 of the N.I.Act.

17,500/- remaining in deposit before the trial court on proper ₹ application, in terms of the settlement arrived at between the parties.

This revision petition is allowed.

Sd/- C.T.RAVIKUMAR,JUDGE.

dlk