Sunny Padamadan Raphael vs Nandanan P.K
2023 Latest Caselaw 9345 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. 850 OF 2023
     AGAINST THE JUDGMENT DATED 07.05.2022 IN CRIMINAL APPEAL
NO.204/2019 OF THE VITH ADDITIONAL SESSIONS COURT, ERNAKULAM WHICH
  AROSE FROM JUDGMENT DATED 11.06.2019 IN S.T.NO.6635/2012 OF THE
         JUDICIAL FIRST CLASS MAGISTRATE COURT-III, ERNAKULAM


REVISION PETITIONER/APPELLANT/ACCUSED:

            SUNNY PADAMADAN RAPHAEL
            AGED 55 YEARS, S/O. RAPHAEL,
            PROPRIETOR, SUNNY COLLECTION,
            RADHAKRISHNA BUILDING, CLOTH BAZAR ROAD, ERNAKULAM,
            RESIDING AT PLOT NO.A6, SPARK JEWEL HOME,
            PROVIDENCE ROAD, ERNAKULAM, PIN - 682018
            BY ADVS.
            J.RAMKUMAR
            K.S.SREERAJ


RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:

    1       NANDANAN P.K
            AGED 69 YEARS, S/O KOCHITTAMAN, ROHINI,
            CHITTOOR ROAD, PACHALAM, KOCHI,
            ERNAKULAM DISTRICT, PIN - 682012
    2       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031
            IEANS CHAMAKKALA
            PP - M P PRASANTH



        THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
 ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.R.P No. 850 of 2023
                                        2


                                 ORDER

Dated this the 25th day of August, 2023

This is a revision petition filed under Sections 397 and

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

the Judicial First Class Magistrate Court-III, Ernakulam in S.T.

No.6635/2012 and confirmed by the Additional Sessions Judge-VI,

Ernakulam as per judgment dated 07.05.2022 in Crl.A.

No.204/2019.

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

petitioner as well as Adv. Ieans Chamakkala the learned counsel

appearing for the 1st respondent/the original complainant jointly

filed affidavit and Crl.M.A.No.5 of 2023 to compound the offence

along with the revision petition. They also filed Crl.M.A.No.6 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 petitioner.

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 Crl.R.P No. 850 of 2023

'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

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, and his bail bond, if any, stands cancelled.

Sd/-

A. BADHARUDEEN SK JUDGE