Kerala High Court
Ajikumar vs N Sajeev on 6 September, 2024
Author: K.Babu
Bench: K. Babu
2024:KER:67873
Crl.R.P.No.559 of 2023 & Crl.M.A.No.1 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.REV.PET NO. 559 OF 2023
AGAINST THE JUDGMENT DATED 25.01.2023 IN CRA NO.17 OF
2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI,
KOLLAM IN ST NO.42 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -IV, PUNALUR
REVISION PETITIONER/APPELLANT/ACCUSED:
AJIKUMAR,
AGED 45 YEARS,
S/O PAVITHRAN,
CHARUVILA PUTHEN VEEDU,
CHILLING PLANT, ALANCHERRY,
YEROOR P.O, PUNLAUR TALUK,
KOLLAM DISTRICT,
PIN - 691312
BY ADV
SRI.S.SREEJITH (S-3453)
RESPONDENTS/2ND & 1ST RESPONDENTS/COMPLAINANT & STATE:
1 N. SAJEEV,
AGED ABOUT 57 YEARS,
S/O NANU,
V. T BHAVAN, ALANCHERRY,
YEROOR P.O,
KOLLAM DISTRICT,
PIN - 691312
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2024:KER:67873
Crl.R.P.No.559 of 2023 & Crl.M.A.No.1 of 2024
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BY ADVS.
SRI.SURAJ KUMAR R.
SRI.SUNIL J.CHAKKALACKAL(K/1283/2003)
SMT.N.G.SINDHU(K/628/2009)
SMT.SUNITHA G.(K/103/2013)
SMT.NIMA JACOB, PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:67873
Crl.R.P.No.559 of 2023 & Crl.M.A.No.1 of 2024
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K.BABU, J.
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Crl.R.P. No.559 of 2023 and
Crl.M.A.No.1 of 2024
---------------------------------------------
Dated this the 6th day of September, 2024
ORDER
The challenge in this Criminal Revision Petition is to the
judgment dated 18.01.2021 in S.T.No.42/2019 passed by the
Judicial First Class Magistrate Court-IV, Punalur and confirmed by
the Additional District and Sessions Court-VI, Kollam in
Crl.A.No.17/2021. By the impugned judgment, the revision
petitioner has been sentenced to undergo simple imprisonment
for a period of five months and pay compensation of
Rs.1,75,000/- to the complainant under Section 357(3) of the
Cr.P.C.
2. The learned counsel for the complainant submitted
that the complainant has no grievance against the revision
petitioner. He seeks permission to compound the offence. A
petition seeking composition has been filed by the complainant.
The composition is voluntary and legal. I find no reason to refuse
the composition of the offence by the complainant. Under
Section 147 of the N.I. Act read with Section 320 Cr.P.C. the
2024:KER:67873
Crl.R.P.No.559 of 2023 & Crl.M.A.No.1 of 2024
complainant being the master of the complaint is entitled to
unilaterally compound the offence punishable under Section 138
of the N.I. Act. Therefore, the composition is accepted.
3. The complainant submitted that he is entitled to get the
amount of compensation deposited in the Trial Court as per the
directions of the Court. The complainant further submitted that
he is satisfied with the compensation. If an application is filed by
the complainant, the Trial Court shall disburse the amount
deposited towards part of the compensation.
4. The composition shall have the force of acquittal of the
accused. Therefore, the impugned conviction and sentence
stand set aside. The revision petitioner is acquitted of the
offence.
The Criminal Revision Petition and the Crl.M.A. are
allowed.
Sd/-
K.BABU
JUDGE
VPK
