SHAHIDA Vs. ASHRAF

JUDGEMENT

(1.) This revision is directed against the judgment dated 09.06.2017 of Additional Sessions Judge Court III, Manjeri (for short 'the appellate court') in Criminal Appeal No.176 of 2014, which arose from judgment dated 25.04.2014 of Judicial First Class Magistrate Court-II, Tirur (for short 'the trial court') in S.T. No.99 of 2012. Both the above courts have concurrently found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N I Act') and accordingly, convicted and sentenced her by imposing punishment. The appellate court confirmed the finding of guilt of the accused but, modified the sentence of simple imprisonment for 3 months to imprisonment till rising of the court and compensation amount of Rs.3,30,000/- to Rs.2,75,000/-.

(2.) During the pendency of the revision petition, Crl.M.A.No.01 of 2019 is filed by the parties to the revision jointly under Section 147 N I Act seeking to compound the offence. It is stated in the application that, the issues involved in the prosecution have been amicably settled among the parties and the first respondent, the complainant has no grievance against the revision petitioner/accused. It is further stated that, first respondent/complainant is not intending to pursue with the prosecution any further. In the aforesaid circumstances, Crl.M.A.No.01 of 2019 is allowed and the offence under Section 138 N I Act is compounded.

(3.) In view of the compounding of the offence, the revision petition stands allowed and the finding of guilt against the accused for the offence under Section 138 NI Act and the order of conviction and sentence as confirmed by the appellate court are set aside.