C LATHA,JUNIOR STENOGRAPHER Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition is preferred against the judgment in Criminal Appeal No.178 of 2007 of the First Additional Sessions Judge, Thiruvananthapuram. Revision Petitioner was the accused in S.T. Case No.312 of 2006 before the Judicial First Class Magistrate Court-VI, Thiruvananthapuram which was filed under Sec.138 of the Negotiable Instruments Act (for short, NI Act) . The learned Magistrate convicted the accused and sentenced her to undergo simple imprisonment for six months and compensation of Rs.2, 00, 000/- (Rupees Two Lakhs Only) under Sec.357(3) of the Code of Criminal Procedure (for short, Cr.P.C.) in default, simple imprisonment for one month. Against that, she preferred the above appeal where the learned First Additional Sessions Judge dismissed the appeal. Being aggrieved by that, accused preferred this revision petition.

(2.) When the matter came up for hearing, the learned counsel appearing for the revision petitioner and 2 nd respondent submitted that the parties have settled the matter out of Court and they filed Criminal M.A. No.418 of 2017.

(3.) According to Sec.320(6) Cr.P.C., a High Court or Court of Session while exercise of its powers of revision under section 401, may allow any person to compound any offence to which such person is competent to compound under this section. According to Sec.147 of the NI Act notwithstanding anything contained in the Cr.P.C. every offence punishable under the NI Act shall be compoundable. Therefore, the non obstandi clause of Sec.147 of the Negotiable Instruments Act permit the revision petitioner and the 2nd respondent to compound the offence. In the circumstance, both parties are at liberty to compound the offence under Sec.320(6) Cr.P.C. and under Sec.147 of the N.I. Act. The accused is acquitted and set at liberty provided that, she has to pay Rs.2, 000/- (Rupees Two Thousand only) as cost to the Kerala High Court Legal Service Committee in compliance of the direction issued by the honourable Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 2 Kerala Law Times 587(SC) .