Mini vs Veena
2022 Latest Caselaw 8251 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MRS. JUSTICE MARY JOSEPH
    FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944


                   CRL.REV.PET NO. 477 OF 2022
        AGAINST THE JUDGMENT OF DISTRICT COURT & SESSIONS
COURT,KOLLAM IN CRA 140/2017 AND THE JUDGMENT OF THE JUDICIAL
    MAGISTRATE OF FIRST CLASS -IV, KOLLAM IN ST 131/2011


REVISION PETITIONER/APPELLANT/ACCUSED:

            MINI
            AGED 40 YEARS
            W/O. R. SREEKANTAN NAIR, SREEMURUKA VILASAM,
            VULLOOR GRAMOM, MEDICAL COLLEGE P.O.,
            THIRUVANANTHAPURAM -695 011.

            BY ADVS.
            C.RAJENDRAN
            B.N.HASKAR


RESPONDENTS/RESPONDENTS/COMPLAINANT:

    1       VEENA
            AGED 37 YEARS, W/O. PRABHAKUMAR, PRAPANCHAM NO.9,
            OORAMPALLIL KESAVAN NAGAR, MUNDAKKAL WEST WARD,
            KOLLAM-691 001.
    2       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA -682031.

            BY ADV B.K.GOPALAKRISHNAN
               SRI VS SREEJITH, PP


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION    ON   01.07.2022,   THE    COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 CRL.R.P No.477 OF 2022
                                     2




                                 ORDER

Dated this the 1st day of July, 2022

This Criminal Revision Petition is filed challenging the

concurrent findings of guilt of the revision petitioner for an

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881 (for short 'NI Act) and orders of conviction

and sentence passed successively by Judicial First Class

Magistrate Court-IV, Kollam (for short 'trial court') and Court of

Sessions, Kollam respectively in S.T.No.131/2011 and Criminal

Appeal No.140/2017. The revision petitioner is the accused.

During the pendency of the revision, the parties arrived at an

amicable settlement out of court. The 1st respondent in the case

on hand who is the complainant has filed an affidavit stating that

the issues have been amicably settled among himself and the

revision petitioner herein. According to the 1st respondent, she

received Rs.7,00,000/- in two instalments of Rs.2,00,000/- and

Rs.5,00,000/- from the revision petitioner respectively on

20.12.2021 and 30.12.2021.

CRL.R.P No.477 OF 2022

2. An application was also filed by the parties jointly under

Section 147 of N.I Act seeking for permission of this Court to

compound the offence in view of the amicable settlement as

above.

In the above circumstance, this Court is inclined to allow

Crl.M.A. No.3 of 2022, provided the revision petitioner pays

Rs.1,05,000/-, i.e. 15% of Rs.7,00,000/-, the cheque amount,

before the Kerala State Legal Services Authority functioning at

High Court of Kerala as directed in Damodar S. Prabhu v.

Sayed Babalal.H. [2010 (2) KHC 428] as compounding fee, as

early as possible and produces receipt evidencing such payment

before the trial court. Release order shall be issued by the trial

court to the Jail where revision petitioner is serving sentence, on

such receipt being produced therein. The trial court shall also

report compliance.

Sd/-

MARY JOSEPH JUDGE nk