P DAMODARAN Vs. STATE

JUDGEMENT

(1.) This is a petition to grant permission to compound the offence as the matter is settled out of Court. First petitioner is the accused in C.C. 173 of 1987 of the Additional Chief Judicial Magistrate's Court. Tellicherry. The other petitioners are the de facto complainants.

(2.) The case against the first petitioner (accused) is that he collected amount from the other petitioners promising them to arrange visa and thereafter he failed to do so or to refund the amount. Accused was convicted for offence under Section 420 of the I.P.C. and he was sentenced to undergo rigorous imprisonment for three years. Conviction and sentence were confirmed by the Sessions Judge, Tellicherry in Crl. A. 70 of 1990. Crl. R.P. 694 of 1991 filed by the accused was dismissed by this Court on 7-4-1992. The present petition has been filed on 12-6-1992.

(3.) The question that arises for consideration is as to whether compounding of offences could be done when conviction and sentence against the accused have become final. Admittedly the conviction and sentence entered against the accused have become final in view of the dismissal of Crl. R.P. 694 of 1991. As the conviction and sentence entered against the accused have become final, this Court cannot have any jurisdiction to compound the offences even if both parties to the dispute agree for such a course of action.