Linson Dominic vs C. Sreenivasan
2024 Latest Caselaw 11569 Ker

Kerala High Court

Linson Dominic vs C. Sreenivasan on 23 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
                   CRL.REV.PET NO. 457 OF 2024
    AGAINST THE JUDGMENT DATED 25.03.2002 IN CRA NO.17/1998 OF
    ADDITIONAL SESSIONS COURT (SPECIAL COURT)-II, KOTTAYAM / I
                    ADDITIONAL MACT, KOTTAYAM

JUDGMENT DATED 05.01.1998 IN C.C.NO.455/95 AND C.C.NO.61/96 ON THE
     FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II,
                          KANJIRAPPALLY

REVISION PETITIONER/APPELLANT/ACCUSED:

          LINSON DOMINIC,
          AGED 53 YEARS,
          (SAKTHI DISTRIBUTORS, ROOM NO.15, PRIYA TOURIST HOME,
          PONKUNNAM) VETTUVELIKKUNNEL, CHIRACKALPURAYIDOM,
          PONKUNNAM, KOTTAYAM, PIN - 686 506.
          BY ADV AKHIL VIJAY


RESPONDENT/1ST RESPODENT/COMPLAINANT & STATE:

    1     C. SREENIVASAN,
          VALUPARAMBIL, PROPREITOR, KAMALA AGENCIES, MUNDAKKAYAM,
          KOTTAYAM, PIN - 686 513.
    2     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          PIN - 682 031.


          SMT. SHEEBA THOMAS, PP


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 457 OF 2024
                                       2

                                 ORDER

This Revision Petition is filed against the conviction and

sentence imposed on the revision petitioner under Section 138 of the

Negotiable Instruments Act. As per judgment dated 05.01.1998 in

C.C.No.455/95 and C.C.No.61/96 on the files of the Judicial First

Class Magistrate Court - II, Kanjirappally, the petitioner was

convicted and sentenced to undergo simple imprisonment for one

year and to pay a fine of Rs.35,000/-, in default of payment of fine,

the accused is directed to undergo simple imprisonment for three

months and out of the fine, the Rs.30,000/- was directed to be paid

to the complainant.

2. The petitioner filed an appeal before the Additional

Sessions Court and Additional Sessions Court confirmed the

conviction and modified the fine amount as compensation under

section 357(3) Cr.P.C. Aggrieved by the conviction and sentence, this

Criminal Revision Petition is filed.

3. When this revision petition came up for consideration, the

learned counsel for the petitioner and the learned counsel appearing

for the 1st respondent submitted that the matter is settled and a

compounding petition is filed.

CRL.REV.PET NO. 457 OF 2024

4. This Court perused the compounding petition which is

filed by the complainant and the accused. In the light of the same, I

think the compounding petition can be allowed and the conviction

and sentence can be set aside. Therefore, this Criminal Revision

Petition is allowed in the following manner:-

1) The compounding petition is allowed.

2) The conviction and sentence imposed on the revision petitioner as

per impugned judgments are set aside.

3) The petitioner shall be released on bail forthwith if he is not

needed in any other case.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DK