Kerala High Court
J Faziludeen vs Abraham Daniel on 30 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.REV.PET NO. 1161 OF 2024
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2024:KER:80870
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
CRL.REV.PET NO. 1161 OF 2024
AGAINST THE ORDER DATED 15.11.2007 IN CRA NO.225 OF 2005
OF ADDITIONAL SESSIONS COURT (ADHOC) - II, KOLLAM ARISING OUT
OF THE ORDER/JUDGMENT DATED 19.03.2005 IN CC NO.877 OF 2003 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - II, KOTTARAKKARA
REVISION PETITIONER/ APPELLANT IN CRLA/ ACCUSED IN C.C. :
J FAZILUDEEN
AGED 65 YEARS, S/O ISMAIL KANI RAWTHER,
POLACHIRA VEEDU, MUSLIM STREET,
KOTTARAKKARA, KOLLAM DISTRICT,
PIN - 691 506
BY ADVS.
K.V.ANIL KUMAR
RADHIKA S.ANIL
NIJAZ JALEEL
RESPONDENT/ RESPONDENT IN CRL.A/COMPLAINANT & STATE :
1 ABRAHAM DANIEL
S/O DANIEL, MULAMOOTTIL HOUSE,
EDAMULACKAL VILLAGE, AYUR P.O.,
PATHANAPURAM TALUK, KOLLAM DISTRICT,
PIN - 691533
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
CRL.REV.PET NO. 1161 OF 2024
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2024:KER:80870
BY ADV MOHANAN M.K.
SRI. C.N. PRABHAKARAN, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CRL.REV.PET NO. 1161 OF 2024
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2024:KER:80870
BECHU KURIAN THOMAS, J.
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Crl.R.P.No.1161 of 2024
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Dated this the 30th day of October, 2024
ORDER
Petitioner is the accused in C.C.No.877 of 2003 on the files of
the Judicial First Class Magistrate's Court-II, Kottarakkara. By judgment
dated 19.03.2005, he was convicted for the offence under Section 138 of
the Negotiable Instruments Act, 1881(for short, 'NI Act)'. An appeal was
preferred against the conviction and sentence as Crl.A.No.225 of 2005
before the Additional Sessions Court-II, Kollam. The said appeal was
dismissed by judgment dated 15.11.2007, thereby affirming the
conviction and sentence imposed upon the petitioner. The trial court had
imposed sentence of simple imprisonment for three months and to pay a
sum of Rs.2,00,000/- to the complainant as compensation under Section
357(3) of the Cr.P.C.
2. Petitioner alleges that he had paid the compensation directed
by the court to the complainant and believing that the case would be
closed, he did not prefer a revision petition. However, in the meantime,
petitioner was taken into custody on 19.10.2024 and thereafter he filed
this revision petition with a delay of 6084 days. After hearing the learned
counsel for the revision petitioner as well as the learned counsel for the
respondents, I had condoned the delay.
CRL.REV.PET NO. 1161 OF 2024
2024:KER:80870
3. The learned counsel for the first respondent submitted that
the entire dispute between the parties have been settled and the
complainant had received the amount of compensation.
4. The learned Public Prosecutor, upon instructions, from the
competent Station House Officer also submitted that the complainant had
affirmed that the disputes have been settled.
5. Since the offence alleged against the petitioner arises under
Section 138 of the N.I. Act and the parties have settled the dispute, I am
of the view that the conviction and sentence imposed upon the petitioner
ought to be set aside.
6. Accordingly, the conviction and sentence imposed upon the
petitioner in C.C.No.877 of 2003 on the files of the Judicial First Class
Magistrate's Court-II, Kottarakkara, as affirmed in Crl.A.No.225 of 2005
on the files of the Additional Sessions Court-II, Kollam are hereby set
aside.
The criminal revision petition is allowed as above. If the
accused is in custody, he shall be released immediately.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
Handover
