SONY GEORGE Vs. STATE OF KERALA AND ANOTHER

JUDGEMENT

(1.) The revision petitioner has been indicted for the offence punishable under S.138 of the Negotiable Instruments Act in C. C. No. 162 of 2010 on the file of the Judicial First Class Magistrate's Court - II, Perumbavoor, instituted on the basis of a complaint preferred by the second respondent herein.

(2.) Exhibit - P1 dishonoured cheque dated 05/04/2007 is for Rs.1,50,000 / . The Trial Court as per the impugned judgment rendered on 23/11/2011 had convicted the petitioner for the abovesaid offence and had sentenced him to undergo simple imprisonment for two months and further ordered to pay Rs.1,50,000/- (cheque amount) to the complainant in terms of S.357(3) of the Cr. PC. and in default thereof, he was ordered to suffer simple imprisonment for a further period of two months.

(3.) It is brought to the notice of this Court that the petitioner was running an agency for recruitment of personnel for employment abroad. In connection with such financial transactions, the petitioner happened to be indicted in many criminal cases for the offences as in S.138 of the Negotiable Instruments Act, S.420 of the I. P. C., etc. It appears that at the time of pronouncement of the present impugned judgment dated 23/11/2011, the petitioner was suffering prison sentence in some other cases. Presumably, on this account or due to his lack of financial resources or due to various criminal proceedings faced by him, he could not prefer Criminal Appeal as against the present Trial Court judgment within the prescribed time. It appears that later, the present impugned criminal proceedings happened to be referred to the Lok Adalat on 20/12/2013 in accordance with the provisions contained in the Legal Services Authorities Act, 1987. The matter was taken up for consideration in the Lok Adalat organized by the Taluk Legal Service Committee, Kunnathunadu (Trial Court concerned). In the said Lok Adalat, both parties were present and represented and the respondent therein (petitioner / accused herein) had admitted the claim of the petitioner and award was passed and accordingly, the Lok Adalat passed Annexure - A1 award dated 20/12/2013 holding that the complainant is entitled to realise Rs.1,50,000/- from the respondent therein (petitioner / accused herein) with 12% interest per annum from 25/04/2005 till its realisation and there shall be a charge for that amount on 66 cents of land belonging to the accused lying in Survey No. 1321 / IX A of Kothamangalam Village. Annexure - A1 award reads as follows: "LOK ADALAT Held on 20/12/2013 at Munsiff Court, Perumbavoor (Organized by the Taluk Legal Service Committee, Kunnathunadu) Petitioner:Mohan Paul aged 40 years, S/o. Poulose, Kozhikkadan House, Chengal P.O. PIN 683 574. Respondent:Sony George aged 38 years, S/o. George, Mankkunnel (H), Kulassery Mathirappalli, Kothamangalam Village, Present Address: - C.9424, Superintendent Viyyur Central Prison, Thrissur - 680 110. No. of proceedings of the PLP189/13 Court / T.L.S.C. at Kunnathunadu Present Presiding Officer:Sri. M. I. Johnson, Munsiff, Perumbavoor. Members :Adv. Jaya Thomas, Perumbavoor. AWARD The dispute between the parties having come up for determination at the Lok Adalat and the parties having settled the matter and filed a compounding application / compromise, the following award is passed in terms of the compromise: Both parties present. Matter settled. Respondent admitted the claim of petitioner in the PLP Hence award passed. Petitioner is entitled to realize Rs.1,50,000/- from the respondent with 12% interest per annum from 25/04/2005 till its realization and there shall be a charge for that amount on the 66 cents of land belonged to the respondent lying in Sy. No. 1321 / IX A of Kothamangalam Village. Mahan PaulSd/-Sony GeorgeSd/- It is further ordered that Court fee paid on the plaint / Appeal memo be refunded to the Plaintiffs / Appellants counsel. On memo being filed before the Court of institution concerned as per rules. Sd/-Sd/-Member Presiding OfficerMember Sri. M. I. Johnson, MunsiffAdv. Jaya Thomas."