Hashim.H vs M/S Sree Gokulam Chits And Finance Co. ...
2024 Latest Caselaw 10930 Ker

Kerala High Court

Hashim.H vs M/S Sree Gokulam Chits And Finance Co. ... on 12 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
            CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 1493 OF 2018
              ST 509/2013 OF CHIEF JUDICIAL MAGISTRATE, KOLLAM
                   CRA 22/2017 OF SESSIONS COURT, KOLLAM
APPLICANT/REVISION PETITIONER:

     HASHIM.H., AGED 40 YEARS, RESIDING AT SREEDEVI SADANAM, S.V.NAGAR -
     73, AYATHIL P.O., KOLLAM.

RESPONDENTS/RESPONDENTS:

  1. M/S SREE GOKULAM CHITS AND FINANCE CO. (P) LTD., CORPORATE OFFICE AT
     SREE GOKULAM TOWERS NO.66, ARCOT ROAD, CHENNAI HAVING ITS DIVISIONAL
     OFFICE AT BISHOP JEROME NAGAR, KOLLAM AND BRANCH OFFICE AT 1ST
     FLOOR, ARAMAM BUILDING, KADAPPAKADA, KOLLAM, REPRESENTED BY ITS
     AUTHORIZED OFFICER.
  2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM - 682 031.

     Application praying that in the circumstances stated therein the
High Court be pleased to permit the petitioner to compound the offense and
acquit the revision petitioner under section 147 of Negotiable Instruments
Act and render justice in this revision petition filed, challenging the
judgment dated 31.07.2018 in Criminal Appeal No.22/2017 on the files of
Court of Sessions Judge, Kollam, which confirmed judgment in
S.T.No.509/2013 on the files of the Chief Judicial Magistrate Court I,
Kollam.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.M.KIRANLAL, MANU RAMACHANDRAN,
T.S.SARATH & R.RAJESH (VARKALA), Advocates for the petitioner and of
PUBLIC PROSECUTOR for the second respondent, the Court passed the
following:
                       P.SOMARAJAN, J.
               ------------------------------
     Crl.M.A.Nos.2 and 3 of 2024 in Crl.R.P.No.1493 of
                            2018
               ------------------------------
           Dated this the 12TH day of April, 2024

                                     O R D E R

These are the two applications submitted seeking

permission to compound the offence and also for exonerating

the petitioner from paying the compounding fees. It is

against the judgment of conviction rendered by both the

trial court and the first appellate court pertaining to an

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881, the accused came up in revision. It

is now settled by the Apex Court in Seshaiah v. State of

Telegana [2023 KLT Online 1075(SC)] that the offence can be

compounded even at the post conviction stage. There is no

other legal impediment in accepting the application

submitted. Hence, both the applications will stand

allowed. The offence will stand compounded and it will

have the effect of an acquittal of the accused against all

charges.

Sd/-

P.SOMARAJAN JUDGE msp 12-04-2024 /True Copy/ Assistant Registrar