Shini Thomas vs M/S.Zandra Wardrobe Solutions
2021 Latest Caselaw 12376 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR. JUSTICE GOPINATH P.

 FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

                Crl.Rev.Pet.No.323 OF 2021

   AGAINST THE JUDGMENT IN CRA 231/2018 OF ADDITIONAL
               SESSIONS JUDGE-V, ERNAKULAM

  AGAINST THE JUDGMENT IN CC 369/2015 OF JUDICIAL FIRST
    CLASS MAGISTRATE(NI ACT CASES) COURT, ERNAKULAM



REVISION PETITIONER/APPELLANT/ACCUSED   :

           SHINI THOMAS,
           AGED 39 YEARS, D/O.LATE P.K.THOMAS,
           KUMBINIVALAPPIL HOUSE, KARUMADI,
           AMBALAPUZHA, ALAPUZHA - 688 584.

           BY ADVS.
           SRI.M.F.MOHAMMOD SIYAD
           SMT.V.T.LITHA
           SMT.K.R.MONISHA
           SMT.SHRUTHI SARA JACOB

RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE :

     1     M/S.ZANDRA WARDROBE SOLUTIONS,
           MANIYATTUKUDI BUILDING,
           OPP. PALCO PETROL PUMP,
           ADIMALI, IDUKKI DISTRICT,
           PIN-685561
           REPRESENTED BY ITS PROPRIETRIX
           MRS.GEETHA GEORGE,
           AGED 37 YEARS,
           W/O.AJU GEORGE KURIAN.
 Crl.Rev.Pet.No.323 OF 2021
                               2

      2      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM - 682031.

             R1 BY ADV. SRI.PEEYUS A.KOTTAM
             BY SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 07.05.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.Rev.Pet.No.323 OF 2021
                                       3




                               GOPINATH P., J.
          --------------------------------------------------------------

                         Crl.R.P.No.323 of 2021

          --------------------------------------------------------------
                 Dated this the 7th day of May, 2021


                                    ORDER

The petitioner was convicted for an offence punishable

under Section 138 of the Negotiable Instruments Act by the Judicial

First Class Magistrate (NI Act cases) Court, Ernakulam. She

unsuccessfully challenged the conviction in Crl.Appeal No.231 of

2018. In this revision petition, the petitioner contends that after

the filing of the revision petition, the petitioner has settled the

matter with the complainant and seeks the permission of the Court

for compounding the offence. On the strength of the compromise, I

deem it appropriate to exercise the revisional jurisdiction of this

Court to do real and substantial justice between the parties by

resort to Section 147 of the Negotiable Instruments Act.

Accordingly, the revision petition is allowed. The

impugned judgment of the Judicial First Class Magistrate (NI Act

cases) Court, Ernakulam in C.C.No.369 of 2015 as affirmed by the

Additional Sessions Judge-V, Ernakulam in Crl.Appeal No.231 of Crl.Rev.Pet.No.323 OF 2021

2018 will stand set aside and the petitioner will stand acquitted of

all charges on account of the compromise.

Sd/-

GOPINATH P JUDGE rkj