Gracy vs M/S Sree Gokulam Chits And Finance
2021 Latest Caselaw 12040 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                    Crl.Rev.Pet.No.300 OF 2021

   AGAINST THE JUDGMENT IN CRA 201/2014 DATED 31-07-2017 OF
   ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, KOLLAM

AGAINST THE JUDGMENT IN ST 72/2013 DATED 03-07-2014 OF JUDICIAL
            MAGISTRATE OF FIRST CLASS - III, KOLLAM


REVISION PETITIONER/ APPELLANT/ ACCUSED :

             GRACY,
             AGED 78 YEARS,
             W/O STEPHEN, RESIDING AT DON BOSCO COLONY,
             PALLITHOTTAM, KOLLAM, PIN - 691 006.

             BY ADV. SRI.B.S.SIVAJI

RESPONDENTS/ RESPONDENTS/ COMPLAINANT :

      1      M/S SREE GOKULAM CHITS AND FINANCE
             CO. PRIVATE LIMITED,
             BISHOP JEROME NAGAR, KOLLAM,
             REPRESENTED BY THE ACCOUNTS ASSISTANT (PRESENTLY
             DEPUTY MANAGER), SRI. SUNIL KUMAR M.G.,
             S/O GOPALAKRISHNA PANICKER, AGED 42 YEARS,
             AYYAPPA JYOTHI, P.K.D KAVALA,
             KUNDARA, PIN - 691 501.

      2      STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM

             R1 BY ADV. SUSHANTH.J.
             R2 BY SENIOR PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 16.04.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.Rev.Pet.No.300 OF 2021

                                     2




                                  ORDER

Dated this the 16th day of April 2021

This matter arises under Section 138 of the Negotiable

Instruments Act. The revision petitioner was found guilty and was

sentenced to undergo simple imprisonment for four months and to

pay a fine of Rs.1,80,000/- along with interest.

2. When this revision petition came up for admission, it

was submitted by the learned counsel for the revision petitioner as

well as the learned counsel for the first respondent that the matter

has been settled between the parties and a compounding petition has

been filed as Crl.M.A.No.2/2021.

3. On going through the averments in the petition for

compounding the offence, I find that the parties have settled the

matter and taking into consideration the nature of the revision

petition and the circumstances arising, the matter can be

compounded without payment of any further amount.

Accordingly the Crl.M.A.No.2/2021 is accepted and the

offence alleged against the petitioner shall stand compounded. The Crl.Rev.Pet.No.300 OF 2021

conviction and sentence imposed on the petitioner in ST.No.72/2013

of the Judicial First Class Magistrate Court - III, Kollam as confirmed

in Crl.Appeal No.201/2014 on the files of the VI th Additional District

& Sessions Court, Kollam is set aside.

The revision petition is allowed.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM Crl.Rev.Pet.No.300 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 31.7.2017 IN CRL.APPEAL NO 201/2014 BY THE VITH ADDITIONAL DISTRICT & SESSIONS JUDGE KOLLAM.

ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT DATED 3.7.2014 IN ST. NO 72/2013 BY THE JFCM-111 KOLLAM