Sudhan vs The State Of Kerala
2021 Latest Caselaw 5892 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                     Crl.Rev.Pet.No.43 OF 2021

     AGAINST THE JUDGMENT IN CRA 157/2014 DATED 25-10-2017 OF
             ADDITIONAL SESSISONS COURT-I,MAVELIKKARA

 AGAINST THE JUDGMENT IN CC 937/2012 DATED 25-04-2014 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS-I, HARIPAD


REVISION PETITIONER/APPELLANT/ACCISED:

             SUDHAN, AGED 70 YEARS
             S/O. KUNJUPANICKAN, CHANGAYIL, KIZHAKKATHIL,
             MAHADEVIKADU P.O. KARTHIKAPPALLI, ALAPPUZHA DISTRICT
             690 516.

             BY ADVS.
             SRI.RINNY STEPHEN CHAMAPARAMPIL
             SMT.ASHA ELIZABETH MATHEW

RESPONDENT/STATE/COMPLAINANT:

      1      THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM 682 018.

      2      S. MANILAL,
             AGED 46 YEARS
             S/O. SREENIVAS, UPPUKUNNAYIL, ERIKKAVU P.O.
             KARTHIKAPPALLI, ALAPPUZHA 690 516.

             R2 BY ADV. SMT.RESMY M.S

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.Rev.Pet.No.43 OF 2021      ..2..




                              ORDER

Dated this the 18th day of February 2021

The revision petitioner is aggrieved by his

conviction and sentence in C.C.No.937/2012 of the

Judicial First Class Magistrate Court-I, Haripad, as

affirmed in Criminal Appeal No.157/2014 of the

Additional Sessions Court-I, Mavelikara. The

judgment convicting the revision petitioner was

rendered on a complaint filed by the 2 nd respondent

alleging commission of the offence under Section

138 of the Negotiable Instruments Act.

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

revision petitioner and the 2nd respondent jointly,

seeking permission to compound the offence.

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 Crl.Rev.Pet.No.43 OF 2021 ..3..

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.

In the result, the criminal revision petition is

allowed. The impugned judgments are set aside and

the revision petitioner is acquitted. The bail bond of

the revision petitioner and sureties is discharged.

Sd/-

                                          V.G.ARUN
     SB/18/02/2021                          JUDGE

                      //true copy//   P.A to Judge