T.K. Mohandas vs State Of Kerala
2024 Latest Caselaw 11025 Ker

Kerala High Court

T.K. Mohandas vs State Of Kerala 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. 421 OF 2024

       CRA NO.66/2000 OF ADDITIONAL SESSIONS COURT - II, MAVELIKARA

      ST.1984/98 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HARIPAD

APPLICANT/REVISION PETITIONER:

     T.K. MOHANDAS, AGED 64, S/O KRISHNAN, THUNDUCHIRA VEEDU,
     PERUMTHURATHU, MUHAMMA P.O, ALAPPUZA DISTRICT, PIN: 688525.

RESPONDENTS/RESPONDENTS

  1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA. PIN: 682031.
  2. B.SANTHOSH, AGED 55, S/O BHASKARAN, FROM THURAVASSERIL THEKKETHIL,
     WARD NO. III, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT, NOW RESIDING
     AT CHANNAREKATTIL PADEETTATHIL HOUSE, ARATTUPUZHA, NORTH P.O,
     KARTHIKAPPALLY, ALAPPUZHA. PIN - 690515.

     Application praying that in the circumstances stated therein the
High Court be pleased to permit the Revision Petitioner and the 2nd
Respondent to compound the offence, and to acquit the Revision Petitioner
under section 147 of Negotiable Instruments Act, and allow the Revision
Petition, setting aside the impugned Judgment.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of Sri.HARISANKAR R, Advocate for the
petitioner and of PUBLIC PROSECUTOR for the first respondent, the Court
passed the following:
                             P.SOMARAJAN, J.
                    ------------------------------
                        Crl.M.A.No.2 of 2024 &
                         Crl.M.A.No.3 of 2024
                                   in
                        Crl.R.P.No.421 of 2024
                    ------------------------------
                Dated this the 12th day of April, 2024

                                    O R D E R

Crl.M.A.No.2 of 2024 is for compounding the

offence. It is well settled by the Apex Court in

Seshaiah v. State of Telangana (2023 KLT OnLine 1075

(SC)) that it is permissible to compound the offence even

at the post-conviction stage. Hence, there is no legal

embargo in allowing the application. As such, the

compounding petition is accepted. The offence will stand

compounded and it will have the effect of acquittal of

the accused. Crl.M.A.No.2/2024 will stand allowed

accordingly.

Crl.M.A.No.3 of 2024 is filed to dispense with

the liability of deposit for the purpose of

compounding the offence. The application will stand

allowed.

Sd/-

P.SOMARAJAN JUDGE

DMR/-

12-04-2024 /True Copy/ Assistant Registrar