IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
CRL.REV.PET NO. 519 OF 2022
AGAINST THE JUDGMENT DATED 16.07.2014 IN CRL.APPEAL NO.156/2013 OF
COURT OF SESSION, THIRUVANANTHAPURAM
AGAINST JUDGMENT DATED 16.05.2022 IN S.T.NO.83/2011 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-IV, NEDUMANGAD
REVISION PETITIONER/APPELLANT/ACCUSED:
CHANDRASEKHARAN.P.S, S/O.OARANAESWARAN
AGED 67 YEARS
PARAMBIL VEEDU, VALAKKUZHIPACHA, KALLARA PO,
THIRUVANANTHAPURAM, PIN - 695608
BY ADV SRI.DEEPAK TWINKLE SANAL
RESPONDENTS/COMPLAINANT AND STATE:
1 PALODE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD. NO. T 862, REPRESENTED BY ITS SECRETARY,
PALODE P.O, THIRUVANANTHAPURAM PIN - 695562
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
BY ADVS.
R1 BY SRI.GOVIND PADMANAABHAN
SRI.G.P.SHINOD
SRI.AJIT G ANJARLEKAR
SRI.ATUL MATHEWS
R2 BY SRI VS SREEJTH, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 519 OF 2022
2
ORDER
Dated this the 27th day of July, 2022 This revision petition is filed challenging concurrent findings of guilt of the revision petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') and orders of conviction and sentence passed successively by Judicial First Class Magistrate Court-IV, Nedumangad (for short 'the trial court') and Court of Sessions, Thiruvananthapuram (for short 'the appellate court') respectively in S.T.No.83/2011 and Crl.Appeal No.156/2013.
2. It is submitted by the counsel representing the parties in the revision that the issues involved have been amicably settled among themselves and they have filed an application which is numbered as Crl.M.Appl.No.3/2022 under Section 147 NI Act seeking to compound the offence. The application is seen filed by both parties and their respective counsel. Sri.Govind Padmanabhan enters appearance for the complainant in the case on hand and submitted that the authorized signatory of the Bank has signed the application. It is stated in the application that the issues have been CRL.REV.PET NO. 519 OF 2022 3 amicably settled and a dispute is not subsisting among the parties. In the above circumstances, this Court is inclined to allow Crl.M.A.No.3/2022.
4. In the result, the revision petition stands allowed and the offence stands compounded subject to payment by the revision petitioner of 15% of the fine/compensation before the Kerala State Legal Services Authority functioning at High Court of Kerala as compounding fee as per the direction of the Apex Court in Damodar S Prabhu v. Sayed Babalal H [2010(5) SCC 663]. The compounding will only become effective on payment of compounding fee as directed above. The trial court shall issue release order to the revision petitioner in view of the compounding, on production of the receipt obtained by him evidencing payment of compounding fee, there.
In the result, this Crl.R.P stands allowed.
Sd/-
MARY JOSEPH JUDGE SMA CRL.REV.PET NO. 519 OF 2022 4 APPENDIX OF CRL.REV.PET 519/2022 PETITIONER'S ANNEXURES:
Annexure1 CERTIFIED COPY OF JUDGEMENT IN CRIMINAL APPEAL 156/2013 IN THE COURT OF SESSIONS,THIRUVANANTHAPURAM Annexure2 CERTIFIED COPY OF THE JUDGEMENT IN S.T 83/2011 IN THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE IV, NEDUMANGADU Annexure3 CERTIFIED COPY OF ORDER IN S.T 83/2013 IN THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE COURT IV, NEDUMANGADU Annexure4 RECEIPT FROM 1ST RESPONDENT