Kerala High Court
Linson Dominic vs C. Sreenivasan on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.REV.PET NO. 457 OF 2024
AGAINST THE JUDGMENT DATED 25.03.2002 IN CRA NO.17/1998 OF
ADDITIONAL SESSIONS COURT (SPECIAL COURT)-II, KOTTAYAM / I
ADDITIONAL MACT, KOTTAYAM
JUDGMENT DATED 05.01.1998 IN C.C.NO.455/95 AND C.C.NO.61/96 ON THE
FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II,
KANJIRAPPALLY
REVISION PETITIONER/APPELLANT/ACCUSED:
LINSON DOMINIC,
AGED 53 YEARS,
(SAKTHI DISTRIBUTORS, ROOM NO.15, PRIYA TOURIST HOME,
PONKUNNAM) VETTUVELIKKUNNEL, CHIRACKALPURAYIDOM,
PONKUNNAM, KOTTAYAM, PIN - 686 506.
BY ADV AKHIL VIJAY
RESPONDENT/1ST RESPODENT/COMPLAINANT & STATE:
1 C. SREENIVASAN,
VALUPARAMBIL, PROPREITOR, KAMALA AGENCIES, MUNDAKKAYAM,
KOTTAYAM, PIN - 686 513.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682 031.
SMT. SHEEBA THOMAS, PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 457 OF 2024
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ORDER
This Revision Petition is filed against the conviction and sentence imposed on the revision petitioner under Section 138 of the Negotiable Instruments Act. As per judgment dated 05.01.1998 in C.C.No.455/95 and C.C.No.61/96 on the files of the Judicial First Class Magistrate Court - II, Kanjirappally, the petitioner was convicted and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.35,000/-, in default of payment of fine, the accused is directed to undergo simple imprisonment for three months and out of the fine, the Rs.30,000/- was directed to be paid to the complainant.
2. The petitioner filed an appeal before the Additional Sessions Court and Additional Sessions Court confirmed the conviction and modified the fine amount as compensation under section 357(3) Cr.P.C. Aggrieved by the conviction and sentence, this Criminal Revision Petition is filed.
3. When this revision petition came up for consideration, the learned counsel for the petitioner and the learned counsel appearing for the 1st respondent submitted that the matter is settled and a compounding petition is filed.
CRL.REV.PET NO. 457 OF 2024 3
4. This Court perused the compounding petition which is filed by the complainant and the accused. In the light of the same, I think the compounding petition can be allowed and the conviction and sentence can be set aside. Therefore, this Criminal Revision Petition is allowed in the following manner:-
1) The compounding petition is allowed.
2) The conviction and sentence imposed on the revision petitioner as per impugned judgments are set aside.
3) The petitioner shall be released on bail forthwith if he is not needed in any other case.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DK