Joseph Varghese vs Sunila.K
2021 Latest Caselaw 4172 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                     Crl.Rev.Pet.No.686 OF 2020

   AGAINST THE JUDGMENT IN CRA 342/2018 DATED 22-10-2019 OF VI
       ADDITIONAL DISTRICT AND SESSIONS COURT, ERNAKULAM

AGAINST THE JUDGMENT IN CC 2426/2015 DATED 08-08-2018 OF JUDICIAL
     FIRST CLASS MAGISTRATE COURT (NI ACT CASES), ERNAKULAM


REVISION PETITIONER/APPELLANT/ACCUSED:

             JOSEPH VARGHESE,
             AGED 60 YEARS
             S/O.VARGHESE, MEKKARA HOUSE, KALAVATH ROAD,
             PALARIVATTOM P.O., PIN - 682 025, KANAYANNUR TALUK.

             BY ADV. SRI.N.C.JOSEPH

RESPONDENT/COMPLAINANT AND STATE:

      1      SUNILA.K.,
             S/O.KARUNAKARAN, AGED 44 YEARS, PERINATTUPARAMBIL
             HOUSE, KALAVATH ROAD, PALARIVATTOM P.O., PIN - 682
             025, KANAYANNUR TALUK.

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

             R1 BY ADV. SRI.K.ANTONY JOSEPH

OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.Rev.Pet.No.686 OF 2020          ..2..




                             ORDER

Dated this the 4th day of February 2021

The revision petitioner is aggrieved by his

conviction and sentence in C.C.No.2426/2015 of the

Judicial First Class Magistrate Court (N.I.Act Cases),

Ernakulam as affirmed in Criminal Appeal

No.342/2018 of the IVth Additional District and

Sessions Court, 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.

2. Crl.M.Appl.No.2/2021 has been filed jointly

by the revision petitioner and the first respondent

herein, seeking permission to compound the offence. Crl.Rev.Pet.No.686 OF 2020 ..3..

It is reported by the learned Counsel for the

respondent/complainant that the entire amount due

has been paid.

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 is having the effect of acquittal under section

320 (8) of Cr.P.C.

In the result, the Criminal revision petition is

allowed. The judgment in C.C.No.2426/2015 of the

Judicial First Class Magistrate Court (N.I.Act Cases),

Ernakulam and Criminal Appeal No.342/2018 of the

IVth Additional District and Sessions Court, Ernakulam

are set aside and the revision petitioner is acquitted. Crl.Rev.Pet.No.686 OF 2020 ..4..

The bail bond of the revision petitioner and sureties is

discharged.

Sd/-

                                             V.G.ARUN
     SB/04/02/2021                             JUDGE



                     //true copy//   P.A to Judge