Sasidas vs P. P. Prabhakaran
2023 Latest Caselaw 10808 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA,
                                1945
                  CRL.REV.PET NO. 47 OF 2022
AGAINST THE JUDGMENT DATED 29.11.2021 IN CRL.A 230/2017
OF ADDITIONAL SESSIONS COURT - IV, KOTTAYAM AND JUDGMENT
 DATED 23.10.2017 IN ST 175/2016 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS-V, KOTTAYAM
REVISION PETITIONER/APPELLANT/ACCUSED:
            SASIDAS
            AGED 71 YEARS,S/O. GOVINDAN, VIJAYAVILASAM,
            THANIKAPADY, RUBBER BOARD P. O.,
            KOTTAYAM - 686 009.

            BY ADVS.
                 K.JAJU BABU (SR.)
                 M.U.VIJAYALAKSHMI
                 BRIJESH MOHAN

RESPONDENTS/RESPONDENTS/COMPLAINAT & STATE:
    1       P. P. PRABHAKARAN
            PUTHENPARAMBIL, MANGANAM P. O.,
            KOTTAYAM - 686 018.

    2       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 682 031.

            BY ADV
                 SACHIN RAMESH- FOR R1
                 SEENA C- PUBLIC PROSECUTOR
    THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION    ON   19.10.2023,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Crl.R.P. No.47 of 2022
                                 :2:



                               ORDER

Dated this the 19th day of October, 2023

This Criminal Revision Petition has been filed under

Sections 397 and 401 of the Code of Criminal Procedure, 1973

challenging the judgment dated 29.11.2021 in Criminal Appeal

No.230/2017 on the files of the Additional Sessions Court-IV,

Kottayam, confirming the judgment dated 23.10.2017 in S.T.

No.175/2016 of the Judicial First Class Magistrate Court-V,

Kottayam.

2. The revision petitioner was prosecuted for the

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881. The revision petitioner was convicted

and sentenced by the Magistrate's Court, and the conviction

and sentence was confirmed by the Appellate Court. Aggrieved

by the conviction and sentence passed by the Appellate Court,

the Revision Petition has been filed.

3. The revision petitioner now submits that the entire

dispute has been settled between the parties. A Compounding Crl.R.P. No.47 of 2022

Petition has been filed as Crl.M.A. No.2 of 2023 by the revision

petitioner and the 1st respondent under Section 147 of the

Negotiable Instruments Act, 1881.

4. I have perused the Compounding Petition. The

Compounding Petition appears to have been filed by the parties

voluntarily. A perusal of the Compounding Petition would show

that now the dispute has been settled between the parties and

the 1st respondent does not want to proceed with the case any

further.

5. In the above circumstances, the offence stands

compounded. The composition will have the effect of acquittal

of the accused under Section 320(8) of the Code of Criminal

Procedure, 1973. In view of the composition, the conviction and

sentence passed by the courts below are hereby set aside and

the revision petitioner is acquitted accordingly.

The Criminal Revision Petition is disposed of as

above.

Sd/-

                                        N. NAGARESH
AMR                                         JUDGE