FRANCIS K.U. Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition has been filed challenging the concurrent conviction and sentence in a proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I. Act').

(2.) The respondent No.2 filed a private complaint as S.T.No.241 of 2013 against the petitioner under Sec. 138 of the N.I.Act before the Judicial First Class Magistrate Court, Idukki. The learned Magistrate found the petitioner guilty under Sec. 138 of the N.I.Act and he was convicted for the said offence. He was sentenced to undergo simple imprisonment till the rising of the court and to pay a fine of Rs.10,05,000.00, in default, to suffer simple imprisonment for a period of three months. The appeal preferred by the petitioner before the II Additional Sessions Court, Thodupuzha as Crl.Appeal No.117 of 2015 was dismissed.

(3.) Now, the subject matter of the dispute has been settled between the parties. Crl.M.A.No. 1 of 2024 is filed under Sec. 147 of the N.I.Act r/w Sec. 359 of the Bharathiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') to compound the offence. In the said application, it is stated that the matter has been settled between the parties. I am satisfied that the composition is voluntary. Hence, Crl.M.A.No. 1 of 2024 is allowed. The offence stands compounded. The composition shall have the effect of acquittal of the petitioner under Sec. 359(8) of BNSS. Since the offence has been compounded, the conviction and sentence by the impugned judgments are hereby set aside.