K Priyanand vs State Of Kerala
2022 Latest Caselaw 10286 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
     FRIDAY, THE 30TH DAY OF SEPTEMBER 2022 / 8TH ASWINA, 1944
                   CRL.REV.PET NO. 348 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRA 180/2017 OF ADDITIONAL SESSIONS
                         COURT, ERNAKULAM
CC 5321/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IV, ERNAKULAM
REVISION PETITIONER/APPELLANT ACCUSED:

          K PRIYANAND
          AGED 56 YEARS
          SHARAJ INTERNATIONAL EXPORTES AND IMPORTES,
          30 F/2, SRI MURUGA NIVAS, TENT HILL, CONOOR,
          NILGIRIS, TAMILNADU-643 102, PIN - 643102
          BY ADV GEORGE KURUVILLA(ALAPPUZHA)


RESPONDENTS/RESPONDENTS/COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     M/S SHELL AIR FREIGHT EXPRESS ( P ) LTD
          27/2605 B, PULINATTU BLDGS, IV TH FLOOR, NR ATLANTIS
          JUNCTION, MG ROAD, COCHIN-15, , PIN - 682015
          BY ADV K.P.SURESH KUMAR


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 30.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 348 OF 2022
                                    2



                      ORDER

Dated this the 30th day of September, 2022

This is a revision petition filed under Sections 397

and 401 of Cr.P.C. challenging conviction entered into

by the Judicial First Class Magistrate Court-IV,

Ernakulam in C.C.No.5321/2010 and confirmed by the

Additional Sessions Judge-VI, Ernakulam as per

judgment dated 20.10.2021 in Crl.A. No.180/2017.

2. As the matter has been amicably settled, the

revision petitioner as well as the second

respondent/the original complainant jointly filed

Crl.M.A.No.5 of 2022 to compound the offence along

with the revision petition. They also filed Crl.M.A.No.3

of 2022 to grant exemption from payment of 15% of

cheque amount as cost for compounding the offence,

highlighting the financial crisis of the revision

petitioner.

CRL.REV.PET NO. 348 OF 2022

3. Since the grounds raised seeking exemption

to deposit the cost found to be convincing, deposit of

cost stands waived.

4. Compounding an offence punishable under

Section 138 of the Negotiable Instruments Act, 1881

(hereinafter referred to as 'the N.I.Act') is permissible

at any stage since the same is a deemed offence.

Therefore, there is no reason to disallow the

compounding petition. Since the parties settled the

matter, the compounding has the effect of acquittal

under Section 320(8) of Cr.P.C. Accordingly,

compounding as sought for in Crl.M.A.No.5 of 2022 is

allowed.

In the result, this revision petition stands allowed

as compounded and the conviction and sentence

imposed by the trial court as well as the appellate court

under Section 138 of the N.I.Act stand set aside and the

revision petitioner/accused is set at liberty, forthwith, CRL.REV.PET NO. 348 OF 2022

and his bail bond, if any, stands cancelled.

It is submitted by both sides that 10% of the cheque

amount was deposited by the accused before the

trial court and the same shall be released to the

complainant as agreed, being part of settlement amount.

In view of the submission, it is ordered that the trial

court shall release the said amount in favour of the

complainant on a proper application, without much delay.

Sd/-

A. BADHARUDEEN JUDGE nkr CRL.REV.PET NO. 348 OF 2022

APPENDIX OF CRL.REV.PET 348/2022

PETITIONER ANNEXURES Annexure1 JOINT STATEMENT