K. S. Shaji vs Baiju P. D
2023 Latest Caselaw 9338 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                     CRL.REV.PET NO. 773 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 399/2009 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -I, CHERTHALA
CRA 291/2012 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
             ALAPPUZHA / III ADDITIONAL MACT, ALAPPUZHA
REVISION PETITIONERS/APPELLANT/ACCUSED:
     1     K. S. SHAJI,
           AGED 60 YEARS
           S/O. SUSHEELAN, MANAGING DIRECTOR,
           KONCHERI WEAVERS PVT. LTD,
           MAYITHARA P. O, CHERTHALA,
           ALAPPUZHA, PIN - 688539

    2       KONCHERI WEAVERS PVT. LTD,
            MAYITHARA P. O, CHERTHALA,
            ALAPPUZHA, PIN - 688539
            REPRESENTED BY MANAGING DIRECTOR K.S.SHAJI.

            BY ADVS.
            B.PRAMOD
            BIJU VIGNESWAR
            AYYAPPADAS V


RESPONDENTS/RESPONDENTS/COMPLAINANT AND STAET:
     1     BAIJU P. D,
           S/O. DINAKARAN, SRUTHI BHAVANAM,
           MAYITHARA P. O, CHERTHALA,
           ALAPPUZHA, PIN - 688539

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

            BY ADV ASWATHI SURESH
            SRI.P.G.MANU, SR.PUBLIC PROSECUTOR


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 773 OF 2023
                                       2




                                ORDER

Dated this the 25th day of August, 2023

This is a revision petition filed under Sections 397 and 401

of the Code of Criminal Procedure challenging conviction and

sentence entered into by the Judicial First Class Magistrate

Court - I, Cherthala, in C.C.No.399/2009 and confirmed by the

Additional Sessions Court - III, Alappuzha, as per judgment

dated 26.12.2018 in Crl.A.No.291/2012.

2. Adv.Aswathi Suresh filed Vakalat for the first

respondent/complainant. It is submitted by the learned counsel

for the revision petitioners that the matter has been settled and

petition to compound the matter has been filed. Adv.Mathew

Jacob representing the learned counsel for the first

respondent/complainant also conceded the settlement.

3. As the matter has been amicably settled, the revision

petitioners as well as the first respondent/the original

complainant jointly filed Crl.M.A.No.3 of 2023 to compound the CRL.REV.PET NO. 773 OF 2023

offence along with the revision petition. They also filed

Crl.M.A.No.4 of 2023 to grant exemption from payment of 15%

of cheque amount as cost for compounding the offence,

highlighting the financial crisis of the revision petitioners.

4. Since the grounds raised seeking exemption to

deposit the cost found to be convincing, deposit of cost stands

waived.

5. 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. 3

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 CRL.REV.PET NO. 773 OF 2023

N.I.Act stand set aside and the revision petitioners/accused is

set at liberty, forthwith, and his bail bond, if any, stands

cancelled.

Sd/-

A. BADHARUDEEN JUDGE nkr