MOHANDAS Vs. SOMARAJAN NAIR AND STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the accused in C.C. No. 185/2000 on the file of the Judicial First Class Magistrate, Ranny. The cheque amount was Rs. 80,200/-. The trial court convicted the accused under Section 138 of the Negotiable Instruments Act (for short, 'the N.I. Act') and sentenced to undergo simple imprisonment for six months. In appeal filed as Crl. Appeal No. 78/2003 on the file of the Additional District and Sessions Court (Adhoc) Fast Track Court III, Pathanamthitta, the conviction was confirmed and the imprisonment was modified as imprisonment till rising of the court and ordered to pay compensation of Rs. 80,200/-, in default to undergo simple imprisonment for six months after exhausting the provisions under Section 421 of the Cr.P.C. Against that judgment, the appellant/accused filed this Criminal Revision Petition.

(2.) During the pendency of this Criminal Revision Petition, the revision petitioner and the first respondent/complainant filed Crl.M.A.No.1237 of 2014 stating that they have settled the matter and that permission may be granted to compound the offence. The revision petitioner has deposited Rs. 12,000/- as costs to the Kerala State Legal Services Authority, in compliance with the direction in the decision reported in Damodar S. Prabhu v. Sayed Babalal, 2010 2 KerLT 587 (SC)]. Since the matter is amicably settled between the parties, Crl.M.A.No.1237 of 2014 is allowed and permission is granted to the parties to compound the offence under Section 138 of the N.I. Act.

(3.) Accordingly, this Criminal Revision Petition is allowed. The offence under Section 138 of the N.I. Act in C.C.No.185/2000 on the file of the Judicial First Class Magistrate, Ranny is compounded and the conviction and sentence of the accused under Section 138 of the N.I. Act is set aside and he is acquitted under Section 320(8) of the Code of Criminal Procedure.