Kerala High Court
T.K. Mohandas vs State Of Kerala 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. 421 OF 2024
CRA NO.66/2000 OF ADDITIONAL SESSIONS COURT - II, MAVELIKARA
ST.1984/98 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HARIPAD
APPLICANT/REVISION PETITIONER:
T.K. MOHANDAS, AGED 64, S/O KRISHNAN, THUNDUCHIRA VEEDU,
PERUMTHURATHU, MUHAMMA P.O, ALAPPUZA DISTRICT, PIN: 688525.
RESPONDENTS/RESPONDENTS
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA. PIN: 682031.
2. B.SANTHOSH, AGED 55, S/O BHASKARAN, FROM THURAVASSERIL THEKKETHIL,
WARD NO. III, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT, NOW RESIDING
AT CHANNAREKATTIL PADEETTATHIL HOUSE, ARATTUPUZHA, NORTH P.O,
KARTHIKAPPALLY, ALAPPUZHA. PIN - 690515.
Application praying that in the circumstances stated therein the
High Court be pleased to permit the Revision Petitioner and the 2nd
Respondent to compound the offence, and to acquit the Revision Petitioner
under section 147 of Negotiable Instruments Act, and allow the Revision
Petition, setting aside the impugned Judgment.
This application coming on for orders upon perusing the application
and upon hearing the arguments of Sri.HARISANKAR R, Advocate for the
petitioner and of PUBLIC PROSECUTOR for the first respondent, the Court
passed the following:
P.SOMARAJAN, J.
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Crl.M.A.No.2 of 2024 &
Crl.M.A.No.3 of 2024
in
Crl.R.P.No.421 of 2024
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Dated this the 12th day of April, 2024
O R D E R
Crl.M.A.No.2 of 2024 is for compounding the offence. It is well settled by the Apex Court in Seshaiah v. State of Telangana (2023 KLT OnLine 1075 (SC)) that it is permissible to compound the offence even at the post-conviction stage. Hence, there is no legal embargo in allowing the application. As such, the compounding petition is accepted. The offence will stand compounded and it will have the effect of acquittal of the accused. Crl.M.A.No.2/2024 will stand allowed accordingly.
Crl.M.A.No.3 of 2024 is filed to dispense with the liability of deposit for the purpose of compounding the offence. The application will stand allowed.
Sd/-
P.SOMARAJAN JUDGE DMR/-
12-04-2024 /True Copy/ Assistant Registrar