Gopalan Master And 2 Others vs K.Radhakrishnan Nair And Another
2023 Latest Caselaw 10664 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
       MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       CRL.REV.PET NO. 686 OF 2011
 AGAINST THE ORDER/JUDGMENT CC 335/2005 OF JUDICIAL MAGISTRATE OF
                        FIRST CLASS -II, KASARAGOD
      CRA 95/2007 OF ADDITIONAL DISTRICT COURT (ADHOC), KASARAGOD
REVISION PETITIONER/S:

  1       GOPALAN MASTER,S/O.LATE PAPPU, HINDU, RETIRED,
          TEACHER,RESIDING AT 'SAKETHAM',, NELLITHAVE, P.O.KUTTIKOLE,
          (VIA.CHENGALA),, KASARAGOD TALUK AND DISTRICT.

  2       SATHEESH KUMAR.K. SO. K.P.SREEDHARAN
          NAIR, HINDU, BUSINESSMAN BY PROFESSION,, RESIDING AT
          'KRISHNA NIVAS', P.O.BEKAL-671318,, KASARAGOD DISTRICT.

  3       V.KRISHNAN SO. LATE P.V.KANNAN, HINDU,BUSINESSMAN AND FILM
          DIRECTOR BY, PROFESSION, RESIDING AT PERINGANAM, P.O.MUNNAD,
          (VIA.CHENGALA), KASARAGOD DISTRICT.

              BY ADVS.
              SRI.ALAN PAPALI
              SMT.ANITHA MATHAI MUTHIRENTHY
              SMT.DHANYA P.ASHOKAN
              SRI.GILBERT GEORGE CORREYA
              SRI.SOJAN MICHEAL



RESPONDENT/S:

      1       K.RADHAKRISHNAN NAIR, S/O.M.NARAYANAN NAIR, HINDU,
              AGRICULTURIST, RESIDING AT, NEYYANGAYAM IN MULIYAR
              VILLAGE, KASARAGOD TALUK, AND DISTRICT, P.O.KANATHUR,
              PIN-671 318.

      2       STATE OF KERALA REPRESENTED BY
              THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,,
              ERNAKULAM.

              BY ADVS.
              SRI.M.V.AMARESAN
              SRI.V.N.RAMESAN NAMBISAN
 CRL.REV.PET NO. 686 OF 2011
                                   2

OTHER PRESENT:

            SR PP SR PP SMT PUSHPALATHA M K




     THIS    CRIMINAL   REVISION   PETITION   HAVING   COME   UP   FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CRL.REV.PET NO. 686 OF 2011
                                  3

           (Dated this the 16th day of October, 2023)

                             ORDER

The revision petition is filed challenging the

correctness and legality of the judgment in Cr.A

No.104/2007 of the Court of the Additional Sessions

Judge (Adhoc-I), Kasaragod (Appellate Court) confirming

the conviction and sentence passed in C.C.No.335/2005

by the Court of the Judicial First Class Magistrate-II,

Kasaragod finding the revision petitioners guilty for the

offence under Section 138 of the Negotiable Instruments

Act (in short, "N.I.Act").

The facts in brief:

2. The 1st respondent had filed the complaint

against the revision petitioners alleging them to have

committed the offences under Section 138 of the N.I.Act.

3. The learned Magistrate, after analysing the

materials on record, convicted the revision petitioners

for the above offence and sentenced them to undergo

simple imprisonment for a period of one month each and CRL.REV.PET NO. 686 OF 2011

pay a compensation of Rs.10,000/- each to the 1 st

respondent under Section 357(3) of the Code of Criminal

Procedure (in short, 'Code') and in default to undergo

simple imprisonment for a period of one month.

4. The Appellate Court dismissed the appeal filed by

the revision petitioners, confirming the conviction and

sentence passed by the Trial Court.

5. It is aggrieved by the concurrent judgments

passed by the courts below, the present revison petition

is filed.

6. Heard; Sri.Gilbert George Correya, the learned

Counsel appearing for the revision petitioners;

Sri.M.V.Amaresh, the learned Senior Counsel appearing

for the 1st respondent-bank and Smt.S.Seetha, the

learned Public Prosecutor, appearing for the 2 nd

respondent.

7. When the revision petition was taken up for

consideration, the learned Counsel appearing for the CRL.REV.PET NO. 686 OF 2011

parties in unison submitted that the subject matter in

dispute between the parties has been settled out of

Court. Consequently, the 1st revision petitioner and the

1st respondent have filed Criminal M.A.No.1/2023 to

compound the offence under Section 147 of the N.I.Act.

8. I have gone through the compounding petition

filed by the parties, which is counter signed by the

respective counsel, and have found the same to be

bonafide, genuine and in accordance with law.

9. Having considered the facts and circumstances of

the case, the submissions made across the Bar and after

perusing Criminal M.A. No.1/2023, I am of the view that

the offence committed by the revision petitioners can be

compounded by invoking the powers of this Court under

Section 147 of the N.I.Act read with Section 320(8) of

the Code of Criminal Procedure (Cr.P.C.). Hence, I am

inclined to allow the revision petition by way of

composition.

10. In the result:

(i) The revision petition is allowed; CRL.REV.PET NO. 686 OF 2011

(ii) The conviction and sentence passed in Criminal

Appeal No.104/2007 by the Court of the

Additional Sessions Judge, (Adhoc-I), Kasaragod

and in C.C.No.335/2005 by the Court of the

Judicial First Class Magistrate-II, Kasaragod as

against the revision petitioners are set aside by

way of composition under Section 147 of the

N.I.Act read with Section 320 (8) of the Cr.P.C.

(iii) The bail bonds executed by the revision

petitioners and their sureties shall stand hereby

cancelled.

Sd/-

C.S.DIAS JUDGE

rkc/16.10.23 CRL.REV.PET NO. 686 OF 2011

APPENDIX OF CRL.REV.PET 686/2011

PETITIONER ANNEXURES

Annexure A A TRUE COPY OF THE JUDGMENT DATED 20.12.2018 OF THIS HON'BLE COURT IN CRL RP NO. 488 OF 2011