Kerala High Court
P.Sulekha vs Prasannan on 10 February, 2017
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 10TH DAY OF FEBRUARY 2017/21ST MAGHA, 1938
Crl.Rev.Pet.No. 1608 of 2016 ()
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CRA 394/2014 OF ADDITIONAL DISTRICT & SESSIONS COURT - V,
THIRUVANANTHAPURAM
CC 491/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,ATTINGAL
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REVISION PETITIONER/APPELLANT/ACCUSED:
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P.SULEKHA,
AGED 47, W/O. ANILKUMAR, POLACHIRA VADAKKATHIL VEEDU,
HOUSE NO.9, RESIDENCY NAGAR, KOLLAM.
BY ADVS.SRI.D.AJITHKUMAR
SMT.T.MANASY
RESPONDENT/RESPONDENTS 1ST & 2ND IN APPEAL/COMPLAINANT & STATE:
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1. PRASANNAN,
S/O. VASUDEVAN, BETHEL ELAMPA DESOM, MUNDAKKAL VILLAGE,
THIRUVANANTHAPURAM-695103.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 BY ADV. SRI.E.A.BIJUMON
R2 BY PUBLIC PROSECUTOR SRI JESTIN MATHEW
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 10-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
K.V.
ALEXANDER THOMAS, J.
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Crl.R.P.No. 1608 of 2016
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Dated this the 10th day of February, 2017
O R D E R
The petitioner is the sole accused for offence alleged under Sec. 138 of the Negotiable Instruments Act, in C.C.No. 491/2007 on the file of the Judicial First Class Magistrate's Court-I, Attingal, instituted on the basis of the complaint filed by the 1st respondent. The trial court, as per the impugned judgment dated 20.11.2014, while convicting the petitioner had ordered to sentence to undergo simple imprisonment for a period of 3 months and to pay compensation of Rs.4 lakhs to the complainant under Sec.357(3) of the Cr.P.C., and in default thereof, the accused was sentenced to undergo simple imprisonment for a further period of one month. Aggrieved thereby, the petitioner preferred Crl.Appeal No.394/ 2014 before the appellate court concerned (The Court of Addl. Sessions Judge-V, Thiruvananthapuram). The appellate court as per the impugned judgment dated 30.6.2016 confirmed the said conviction and sentence imposed on the petitioner by the trial court. It is challenging these concurrent verdicts of both the courts below that the petitioner has instituted the present revision petition by taking recourse to the remedies available under Secs.397 and 401 Crl.R.P.1608/16 - : 2 :-
of the Cr.P.C..
2. Heard Sri.D.Ajith Kumar, learned counsel appearing for the revision petitioner accused, Sri.E.A.Bijumon, learned counsel appearing for R-1 (complainant) and Sri.Jestin Mathew, learned Prosecutor appearing for R-2 complainant.
3. This Court as per order dated 21.12.2016 had referred both the parties to the Kerala State Mediation and Conciliation Centre, Ernakulam, attached to this Court. Now it is submitted by the learned Advocates appearing on both sides that the respective parties have arrived at an amicable settlement, whereby the complainant has agreed to accept a total compensation of Rs.4 lakhs from the accused and that the accused will be given time till 27.5.2017 to pay the said amount in 3 instalments. The original of the mediation agreement entered into by both the parties has also been made available for the perusal of this Court. The said mediation agreement dated 6.2.2017 reads as follows:
"MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
Both parties have settled their dispute during the course of mediation on the following terms and conditions:
7 Both parties have settled for an amount of Rs.4,00,000/-(Rupees Four Lakhs only) Crl.R.P.1608/16 - : 3 :-
7 Revision Petitioner has ready to pay an amount of Rs.1,25,000/-
(Rupees One lakh Twenty five Thousand only) on 09.02.2017 to the 1st Respondent in the form of D.D. 7 The next payment of Rs.75,000/-(Rupees Seventy Five Thousand only) will be paid on or before 30.03.2017 by the Revision Petitioner to the 1st Respondent.
7 The remaining balance amount of Rs.2,00,000/-(Rupees Two lakhs only) will be paid by the Revision Petitioner to the 1st Respondent on or before 27.05.2017.
Dated this the 6th day of February, 2017.
Petitioner Respondent
Sd/-
V.Leela,
Sd/- Wife of Prasannan
P.Sulekha Prasannan
Sd/- Sd/-
Counsel for the Petitioner Counsel for the Respondent"
4. It is submitted by Sri.E.A.Bijumon, learned counsel appearing for the 1st respondent complainant on the basis of the instructions from his party that the 1st respondent (complainant) has no objection in this Court setting aside the substantive sentence of simple imprisonment for 3 months and directing the petitioner to pay the said compensation amount within the abovesaid time limit as per the mediated agreement, in default of which, the petitioner should undergo the default sentence imposed by both the courts below. The cheque amount involved in this case is Rs. 4 lakhs. It is submitted by the Advocates appearing on both sides that the petitioner accused has already paid the first instalment of Rs.1.25 Crl.R.P.1608/16 - : 4 :-
lakhs to the complainant by D.D. on 9.2.2017. In the light of these aspects, following orders and directions are passed:
(i) The impugned conviction imposed on the petitioner for the offence under Sec.138 of the Negotiable Instruments Act as per the impugned judgments of both the courts below in this case will stand confirmed.
(ii) The impugned substantive sentence imposed on the petitioner as per the impugned judgments directing that he should suffer simple imprisonment for 3 months will stand set aside.
(iii) The petitioner is sentenced to pay fine of Rs.4 lakhs, which shall be disbursed to the complainant as compensation under Sec.357(1)(b) of the Cr.P.C. The amounts payable by the petitioner to the complainant as per the aforementioned mediation agreement will be treated as if those amounts are payable by way of fine and disbursable to the complainant as compensation under Sec.357(1)(b) of the Cr.P.C.
(iv) In view of the submission made by both sides that the petitioner accused has already paid the first instalment of Rs.1.25 lakhs to the complainant in terms of the aforementioned mediation agreement on 9.2.2017, the petitioner will pay Rs.75,000/- to the complainant on or before 30.3.2017 and the balance amount of Rs. 2 lakhs to the complainant on or before 27.5.2017.
(v) The complainant will issue necessary receipts to the petitioner for evidencing such payments so that the petitioner can produce the same before the trial court for its satisfaction.
(vi) The petitioner will personally appear before the trial court at 11 a.m. on 3.6.2017 so as to satisfy the trial court about the payment of the balance amount of Rs. 2.75 lakhs.
(vii) On default on the part of the petitioner to pay the abovesaid amount, he will have to suffer simple imprisonment for a further period of one month.
(viii) On default of the petitioner either to appear before the trial court on 3.8.2017 or on his default to pay the abovesaid amount, the trial court will be at liberty to proceed against the petitioner in accordance with law. With these observations and directions, the Revision Petition stands finally disposed of.
sdk+ ALEXANDERSd/- THOMAS, JUDGE
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P.S. to Judge
Crl.R.P.1608/16 - : 5 :-