Vinod T vs State Of Kerala
2021 Latest Caselaw 3973 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

     WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH
                        MAGHA,1942

                Crl.Rev.Pet.No.83 OF 2021

  CRA 246/2005 OF II ADDITIONAL SESSIONS COURT, KOLLAM

  CC 546/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
                         PUNALUR

REVISION PETITIONER/S:

           VINOD T.,
           AGED 47 YEARS
           S/O.THANKAPPAN, VIJAYA BHAVAN, RATHRIMUTTOM,
           ALANCHERY, ALAYAMON P.O., KOLLAM DISTRICT, NOW
           RESIDING AT C/O.BHASKARAN, PARANKIMAMVILAYIL,
           THURAVOOR, ODANAVATTOM, VELIYAM P.O., KOLLAM
           DISTRICT.

           BY ADVS.
           SRI.SUBHASH CYRIAC
           SMTSHEEBA JOSEPH
           SRI.S.SREEJITH

RESPONDENT/S:

     1     STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR, RAM MOHAN
           PALACE COMPOUND, ERNAKULAM-682 031.

     2     THOMAS MATHEW,
           S/O.V.T.MATHEW, VALIYATHAMARASHERIL, ANCHAL
           P.O., ANCHAL, PUNALUR TALUK, KOLLAM DISTRICT,
           PIN-691 306.

            R2 BY ADV. SRI.ANCHAL C.VIJAYAN
OTHER PRESENT:

           SR.PP.C.S.HRITHWIK

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.Rev.Pet.No.83 OF 2021

                                     -2-



                                ORDER

Dated this the 3rd day of February, 2021

The revision petitioner is aggrieved by his

conviction and sentence in C.C. No.546 of 2000 of

the Judicial First Class Magistrate Court-II,

Punalur, as modified in Criminal Appeal No.246 of

2005 of the II Additional Sessions Court, Kollam.

The judgment convicting the revision petitioner

was rendered on a complaint filed by the second

respondent under Section 138 of the Negotiable

Instruments Act. The trial court found the

petitioner guilty, convicted and sentenced him to

undergo simple imprisonment for one year and to

pay compensation of Rs.60,000/- under Section 357

(3) Cr.P.C. In appeal, the finding of guilt and

conviction was sustained and the sentence of

imprisonment reduced to simple imprisonment for Crl.Rev.Pet.No.83 OF 2021

one month and compensation of Rs.60,000/-.

2. Along with the revision petition,

Crl.M.Appl.No.1 of 2021 has been filed jointly by

the revision petitioner and the second respondent

herein, seeking permission to compound the

offence. In the application for compounding, it

is stated that the first respondent has received

the entire amount due and 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. Crl.Rev.Pet.No.83 OF 2021

In the result, the Criminal revision petition

is allowed. The judgments in C.C. No.546 of 2000

of the Judicial First Class Magistrate Court-II,

Punalur and Criminal Appeal No.246 of 2005 of the

II Additional Sessions Court, Kollam are set

aside and the revision petitioner is acquitted.

The bail bond of the revision petitioner and

sureties stands discharged.

sd/-

V.G.ARUN JUDGE

Scl/03.02.2021