Joseph Varghese @ Binoy vs State Of Kerala
2023 Latest Caselaw 9158 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945

                     CRL.REV.PET NO. 811 OF 2023

AGAINST THE JUDGMENT DATED 19.08.2020 IN CRA 185/2018 OF ADDITIONAL

               SESSIONS COURT -II (SPECIAL), KOTTAYAM

JUDGMENT DATED 30.10.2018 IN ST 674/2016 OF CHIEF JUDICIAL MAGISTRATE

                          COURT, KOTTAYAM

REVISION PETITIONER/APPELLANT/ACCUSED:

           JOSEPH VARGHESE @ BINOY
           AGED 48 YEARS
           S/O VARGHESE, PUTHENKULAM HOUSE, PUTHENCHANTA BHAGOM,
           VAKATHANAM P.O., KOTTAYAM DISTRICT, PIN - 686 538.
           BY ADV VISHAK.K.JOHNSON


RESPONDENTS/STATE/RESPONDENTS/COMPLAINANT:

     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682 031.
     2     SUNIL PETER
           AGED 48 YEARS
           S/O P P PETER, PAREPARAMBIL HOUSE, VADAVATHOOR P.O.,
           KOTTAYAM, DISTRICT, PIN - 686 010.

           R2 BY ADV SRI. ALEX GEORGE (CHAMAPPARAYIL)
           SRI. P.G. MANU, PUBLIC PROSECUTOR



THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON

23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl. R.P. No. 811 of 2023        :2:



                            A. BADHARUDEEN, J.
            ---------------------------------------------------------
                        Crl. M.A. Nos. 1 and 4 of 2023
                                        &
                       Crl. R.P. No. 811 of 2023
            ---------------------------------------------------------
                  Dated this the 23nd day of August, 2023.

                               ORDER

This is a revision petition filed under Section 397 of Cr.P.C.

challenging conviction and sentence entered into by the Chief Judicial

Magistrate, Kottayam as per judgment dated 30.10.2018 in S.T.No.

674 of 2016 and confirmed by the Additional Sessions Judge-II

(Special), Kottayam, as per judgment dated 19.08.2020 in Crl. Appeal

No. 185 of 2018.

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.1 of 2023 to compound the offence along with

the revision petition. Adv. Sri. Alex George appearing for the

complainant also conceded the settlement. They also filed Crl. M.A.

No.4 of 2023 for waiver of cost for compounding the offence.

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.

5. Accordingly, compounding as sought for in Crl.M.A.No. 1 of

2023 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.

In view of compounding of the offence, the revision petitioner,

who is in custody in execution of the impugned order, shall be released

forthwith. Therefore, there shall be a direction to the Jail

Superintendent, District Jail, Kottayam, to release the petitioner on

production of a copy of this order, unless his custody is not required in

any other crime.

sd/-

A. BADHARUDEEN, JUDGE

Rv Hand over.