K.A.Anselan vs Chinnamma James
2021 Latest Caselaw 11676 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                 Crl.Rev.Pet.No.2618 OF 2011

   CRA 686/2009 DATED 29-07-2011 OF ADDITIONAL SESSIONS
                COURT (ADHOC), ERNAKULAM

CC 2508/2004 DATED 12-10-2009 OF JUDL.M.F.C.-I,ERNAKULAM


REVISION PETITIONER/S:

           K.A.ANSELAN
           AGED 34 YEARS,KANDANAMPARAMBIL,ERAMALLOOR PO,,
           CHERTHALA TALUK.

           BY ADVS.
           SRI.C.K.SAJEEV
           SRI.M.V.BAIJU

RESPONDENT/S:

     1     CHINNAMMA JAMES
           HOUSE,ERAMALLOOR PO, CHERTHALA 688 537.

     2     STATE OF KERALAREPRESENTED BY THE
           PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT,
           ERNAKULAM.

           R1 BY ADV. SRI.NIDHI BALACHANDRAN
           R1 BY ADV. SRI.T.MADHU

OTHER PRESENT:

           PP T.R.RENJITH

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 09.04.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.R.P.No.2618 of 2011

                                  -2-



                                 ORDER

Dated this the 09th day of April, 2021

The revision petitioner is aggrieved by his

conviction and sentence in C.C. No.2508 of 2004

of the Judicial First Class Magistrate Court-I,

Ernakulam, as modified in Criminal Appeal No.686

of 2009 of the Additional Sessions Court (Ad Hoc-

I), Ernakulam. The judgment convicting the

revision petitioner was rendered on a complaint

filed by the first respondent under Section 138

of the Negotiable Instruments Act. The trial

court found the petitioner guilty, convicted and

sentenced her to pay fine of Rs.2,00,000/-. In

appeal, the finding of guilt and conviction was

affirmed.

2. Along with the revision petition,

Crl.M.Appl.No.1 of 2019 has been filed jointly by Crl.R.P.No.2618 of 2011

the revision petitioner and the first respondent

herein, seeking permission to compound the

offence. In the application for compounding, it

is stated that, having been paid the entire

amount due, the second respondent has no further

grievance against the revision petitioner.

3. The offence under Section 138 of the

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

N.I.Act. Further, this Court is vested with the

power to permit compounding under Section 320 (6)

Cr.P.C. Considering that the entire amount has

been paid, I am inclined to allow the request for

compounding, which has the effect of acquittal

under Section 320 (8) of Cr.P.C. Consequently,

the revision petition is only to be allowed.

In the result, the Criminal revision petition

is allowed. The conviction and sentence imposed

by the courts below under Section 138 of the Crl.R.P.No.2618 of 2011

N.I.Act is set aside and the revision petitioner

stands acquitted. The amount deposited by the

revision petitioner before the appellate court,

shall be released to him. The bail bond of the

revision petitioner and sureties will stand

discharged.

sd/-

V.G.ARUN JUDGE

Scl/09.04.2021