FIFA BUILDERS PVT. LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that arises for consideration is whether a conviction and sentence can be quashed at the post-revisional stage.

(2.) The petitioners were convicted and sentenced for committing an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'N.I. Act') by the Court of the Judicial Magistrate of the First Class-I, Ernakulam in C.C.No.1322/1998. The said conviction and sentence stand concurrently confirmed by the Additional Sessions Court, Ernakulam, in Crl. Appeal No.463/2003 and this Court in Crl. Rev. Pet. No.488/2005.

(3.) The petitioners are back before this Court, invoking the inherent jurisdiction under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, to quash the conviction and sentence on the grounds that they were unaware of the dismissal of the revision petition and the dispute that led to the filing of the complaint has been amicably settled between the parties. According to the petitioners, it was only when the 2nd petitioner was arrested and remanded to judicial custody that they learnt that the revision petition was dismissed. Immediately, the 2nd petitioner settled the dispute with the 2nd respondent, who has executed an affidavit stating that he has no objection to the conviction and sentence being set aside. Placing reliance on the decision of this Court in Mubasheer v. State of Kerala [2025 (1) KLT 438], the petitioners contend that, this Court has quashed the conviction and sentence under Sec. 138 of the NI Act even after the post-revisional stage. Therefore, the Crl.M.C. may be allowed.