M.A.Babu vs State Of Kerala
2021 Latest Caselaw 11160 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                   Crl.Rev.Pet.No.1333 OF 2018

  AGAINST THE ORDER/JUDGMENT IN CRA 102/2015 DATED 12-09-2018 OF
       ADDITIONAL DISTRICT & SESSIONS COURT, MOOVATTUPUZHA

   AGAINST THE ORDER/JUDGMENT IN CC 73/2009 DATED 05-02-2015 OF
       JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERUMBAVOOR


REVISION PETITIONER/APPELLANT/ACCUSED:

             M.A.BABU,
             AGED 49 YEARS
             S/O.ARAVINDAKSHAN, MANNAMPILLIL HOUSE,
             (PROPRIETOR, ARAVIND POLYMER) NEELEESWARAM.

             BY ADV. SRI.PAUL K.VARGHESE

RESPONDENT/2ND RESPONDENT/COMPLAINANT:

      1      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682031.
             682031

      2      K.K.KUNJUMON,
             KALATHIL HOUSE, SREEMOOLANAGARAM-683580,
             ERNAKULAM DISTRICT.

             R2 BY ADV. T.C.POLACHAN
             R1 BY SMT. M. K. PUSHPALATHA, SR.PUBLIC PROSECUTOR

     THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                2

Crl.Rev.Pet.No. 1333 of 2018




                        ORDER

Crl.M.A.No.2/2021 has been filed jointly by the

revision petitioner and the second respondent herein,

who is the complainant before the trial court, praying

for granting permission to compound the offence and

recording the composition.

2. This Court as per order in C.M.A.No.5 of 2021

waived the costs to be deposited by the revision

petitioner before the Kerala State Legal Services

Authority as a condition precedent to grant permission

to compound the offence as held by the Apex Court in

Damodar S.Prabhu Vs. Sayed Babalal [2010 (2) KLT

587 (SC)].

Crl.Rev.Pet.No. 1333 of 2018

3. The offence under Section 138 of the N.I. Act

is compoundable under Section 147 of the N.I.Act.

Therefore, since the matter has been settled, it is only

just and proper to grant permission to the parties to

compound the offence. Accordingly permission stands

granted and the composition stands recorded, which is

having the effect of acquittal under Section 320 (8) of

Cr.PC.

In the result, this revision petition stands allowed,

setting aside the conviction and sentence passed by the

courts below under Section 138 of the N.I. Act and the

revision petitioner stands acquitted for the said offence.

The bail bond of the revision petitioner stands

discharged.

If any amount had been already deposited by the

revision petitioner before the trial court in connection with this

Crl.Rev.Pet.No. 1333 of 2018

case, the said amount shall be released to the revision

petitioner by the trial court as requested in this

compounding application.

Sd/-

B.SUDHEENDRA KUMAR

JUDGE Nkr/07.04.2021