P.P.Rajesh Babu vs James George
2023 Latest Caselaw 9782 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                   CRL.REV.PET NO. 882 OF 2023
 AGAINST THE JUDGMENT IN CRA 186/2002 OF THE COURT OF ADDITIONAL
 SESSIONS JUDGE, KOTTAYAM IN ST 2805/1999 OF JUDICIAL MAGISTRATE
                OF THE FIRST CLASS-III, KOTTAYAM


REVISION PETITIONER/APPELLANT/ACCUSED:

          P.P.RAJESH BABU
          AGED 48 YEARS
          S/O. A.K. PURUSHOTHAMAN,
          PEEDIKAPARAMBIL VEEDU, PALLOM P.O.,
          KOTTAYAM DISTRICT.

          BY ADVS.
          GEORGE SEBASTIAN
          ARUN LUCKOSE ABRAHAM


RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:

    1     JAMES GEORGE,HEBRON,
          MARIYAPPALLY, KOTTAYAM-686013.
    2     STATE OF KERALA,
          REPRESENTED BY ITS PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM-682031.

          SRI.M.P. PRASANTH-PUBLIC PROSECUTOR

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.R.P. No.882 of 2023



                                  2




                                ORDER

Dated this the 13th 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 24.06.2003 in

Crl. A. No.186 of 2002 on the files of the Additional Sessions

Judge, Kottayam confirming the judgment dated 30.05.2002 in

S.T. No. 2805 of 1999 of the Judicial First Class Magistrate

Court-III, Kottayam.

2. The revision petitioner was prosecuted for 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 Crl.R.P. No.882 of 2023

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

Petition has been filed as Crl. M.A. No.1 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 Crl.R.P. No.882 of 2023

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 JUDGE spk