Jossy Mathew vs State Of Kerala
2023 Latest Caselaw 10422 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                    CRL.REV.PET NO. 928 OF 2023
 AGAINST THE JUDGMENT IN CRA 390/2013 OF SESSIONS COURT, KOTTAYAM
  ST 1559/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, KOTTAYAM


REVISION PETITIONER/APPELLANT/ACCUSED:

           JOSSY MATHEW, AGED 50 YEARS
           S/O.MATHEW, PROPRIETOR,
           J.K.ENTERPRISES, 2ND FLOOR,
           SANTHOM COMMERCIAL COMPLEX, PALA(PO),
           KOTTAYAM, (KUNNAPPALLIYIL HOUSE),
           AYARKUNNAM (PO) KOTTAYAM, PIN - 686564

           BY ADVS.
           R.REJI
           M.V.THAMBAN
           THARA THAMBAN
           B.BIPIN
           ARUN BOSE
           JEENA A.V.
           THOMAS THOMAS


RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
    2      M.A.MOHAN
           SUDHARMA MARIYAPALLY (PO),
           KOTTAYAM, PIN - 686013

           BY ADV
           SRI.M.P. PRASANTH-PUBLIC PROPRIETOR
           SRI.N.SUNIL JOSEPH-R2


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.R.P. No.928 of 2023

                                2


                           ORDER

Dated this the 30th day of September, 2023

This Criminal Revision Petition has been filed under

Sections 397 and 401 of the Code of Criminal Procedure,

1973 challenging the judgment dated 25.11.2014 in Criminal

Appeal No.390/2013 on the files of the Additional Sessions

Judge-I, Kottayam Division confirming the judgment dated

24.10.2013 in S.T. No.1559/2013 of the Judicial First Class

Magistrate Court-I, 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

was confirmed and sentence was modified in part by the

Appellate Court. Aggrieved by the conviction and sentence

passed by the Appellate Court, the Revision Petition has been Crl.R.P. No.928 of 2023

filed.

3. The revision petitioner now submits that the entire

dispute has been settled between the parties. A Compounding

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

revision petitioner and the 2nd 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 2nd 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 Crl.R.P. No.928 of 2023

aside and the revision petitioner is acquitted accordingly.

The Criminal Revision Petition is disposed of as above.

Sd/-

N.NAGARESH JUDGE spk