DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 S. 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. Cr1. 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.

(2.) 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.

(3.) BUT an application for compounding of offences filed after the final disposal of the appealer revision cannot be entertained. Such is the view taken in Chhoteysingh v. State of U. P. (1980 Crl. L. J. 583 ). In state v. Shivalingappa (1983 (1) karnataka Law Journal 527) also it has been held that only in a pending case permission to compound the offence can be granted.