Kerala High Court
Hashim.H vs M/S Sree Gokulam Chits And Finance Co. ... on 12 April, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 1493 OF 2018
ST 509/2013 OF CHIEF JUDICIAL MAGISTRATE, KOLLAM
CRA 22/2017 OF SESSIONS COURT, KOLLAM
APPLICANT/REVISION PETITIONER:
HASHIM.H., AGED 40 YEARS, RESIDING AT SREEDEVI SADANAM, S.V.NAGAR -
73, AYATHIL P.O., KOLLAM.
RESPONDENTS/RESPONDENTS:
1. M/S SREE GOKULAM CHITS AND FINANCE CO. (P) LTD., CORPORATE OFFICE AT
SREE GOKULAM TOWERS NO.66, ARCOT ROAD, CHENNAI HAVING ITS DIVISIONAL
OFFICE AT BISHOP JEROME NAGAR, KOLLAM AND BRANCH OFFICE AT 1ST
FLOOR, ARAMAM BUILDING, KADAPPAKADA, KOLLAM, REPRESENTED BY ITS
AUTHORIZED OFFICER.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
Application praying that in the circumstances stated therein the
High Court be pleased to permit the petitioner to compound the offense and
acquit the revision petitioner under section 147 of Negotiable Instruments
Act and render justice in this revision petition filed, challenging the
judgment dated 31.07.2018 in Criminal Appeal No.22/2017 on the files of
Court of Sessions Judge, Kollam, which confirmed judgment in
S.T.No.509/2013 on the files of the Chief Judicial Magistrate Court I,
Kollam.
This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.M.KIRANLAL, MANU RAMACHANDRAN,
T.S.SARATH & R.RAJESH (VARKALA), Advocates for the petitioner and of
PUBLIC PROSECUTOR for the second respondent, the Court passed the
following:
P.SOMARAJAN, J.
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Crl.M.A.Nos.2 and 3 of 2024 in Crl.R.P.No.1493 of
2018
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Dated this the 12TH day of April, 2024
O R D E R
These are the two applications submitted seeking permission to compound the offence and also for exonerating the petitioner from paying the compounding fees. It is against the judgment of conviction rendered by both the trial court and the first appellate court pertaining to an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the accused came up in revision. It is now settled by the Apex Court in Seshaiah v. State of Telegana [2023 KLT Online 1075(SC)] that the offence can be compounded even at the post conviction stage. There is no other legal impediment in accepting the application submitted. Hence, both the applications will stand allowed. The offence will stand compounded and it will have the effect of an acquittal of the accused against all charges.
Sd/-
P.SOMARAJAN JUDGE msp 12-04-2024 /True Copy/ Assistant Registrar