MANOJ T K Vs. SWWTO THOMAS

JUDGEMENT

(1.) The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He faces the sentence of imprisonment for a period of one month and to pay an amount of Rs.25,000/- as compensation. In default, he has been sentenced to undergo S.I for a period of one month. The verdict of guilty, conviction and sentence passed by the learned Magistrate were upheld by the learned Sessions Judge in appeal. A revision petition was filed before this court but the same was dismissed as the delay was not condoned, submits the learned counsel for the petitioner.

(2.) The petitioner thus now faces the prospect of incarceration in prison. The petitioner has settled his disputes with the complainant and both have come before this court with an application Crl.M.P.No.1712/2007 dated 14/02/2007. That petition is duly signed by the rival contestants and counter signed by their respective counsel. The learned counsel for the respondent/complainant vouches for the signature of the respondent in the joint application for composition.

(3.) The offence in this case is one punishable under Section 138 of the Negotiable Instruments Act. The parties have settled their disputes and the complainant has compounded the offence. I am satisfied that the composition is genuine and can be accepted. If the composition is not accepted, it will have the effect of the petitioner being compelled to undergo substantive sentence of imprisonment. I am satisfied that humane compassionate deserves to be shown in the facts and circumstances of this case. I am satisfied that this is a fit case where powers under Section 482 Cr.P.C can be invoked to quash the sentence accepting the post revision composition that is entered into.