Kerala High Court
M/S.Nortan Intec Rubbers (P) Ltd vs State Of Kerala
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 27TH DAY OF NOVEMBER 2014/6TH AGRAHAYANA, 1936
Crl.Rev.Pet.No. 2133 of 2006 ( )
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AGAINST THE JUDGMENT DATED 31-01-2006 IN CRL. A. NO.83/2005 OF
ADDITIONAL SESSIONS COURT (ADHOC-I), ERNAKULAM
AGAINST THE JUDGMENT DATED 31-12-2004 IN CC. NO.993/1998 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM.
.........
REVISION PETITIONERS/APPELLANTS/ACCUSED.:
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1. M/S.NORTAN INTEC RUBBERS (P) LTD.,
AC-12, DEVI NILAYAM, FLOOR 2ND AVENUE,
ANNA NAGAR, CHENNAI,
REPRESENTED BY ITS MANAGING DIRECTOR
G.S. RAJASEKHARAN.
2. G.S. RAJASEKHARAN, S/O.DEVADASS PILLAI,
NO.7, BRAMSON GARDENS, KELLYS CHENNAI.
BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE.
ADV. SRI.SOJAN MICHEAL.
RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE.:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. M/S.A.V. THOMAS & COMPANY,
P.O.BOX NO. 520, WILLINGTON ISLAND, COCHIN,
REPRESENTED BY ITS AUTHORISED EXECUTIVE
BINOY JOSEPH.
R1 BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN.
R2 BY ADVS. SRI.E.K.NANDAKUMAR,
SRI.JOSON MANAVALAN.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 27-11-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.Rev.Pet.No. 2133 of 2006
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE I COPY OF THE ACKNOWLEDGMENT DATED 22/08/2001
ISSUED BY THE 2ND RESPONDENT.
ANNEXURE II COPY OF THE RECEIPT DATED 29/07/1999 ISSUED BY THE
2ND RESPONDENT.
ANNEXURE III COPY OF THE LETTER DATED 08/01/1997 ISSUED BY THE
2ND RESPONDENT.
ANNEXURE IV COPY OF THE INVOICE NO.617.
ANNEXURE V COPY OF THE INVOICE NO.622.
ANNEXURE VI COPY OF THE ORIGINAL LETTER SENT BY THE
2ND RESPONDENT, KEPT IN THE OFFICE OF THE
PETITIONER DATED 19/12/1998.
ANNEXURE VI(A) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 06/03/1999.
ANNEXURE VI(B) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 06/03/1999.
ANNEXURE VI(C) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 11/03/1999.
ANNEXURE VI(D) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 24/03/1999.
ANNEXURE VI(E) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 28/07/1999.
ANNEXURE VI(F) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 29/07/1999.
ANNEXURE VI(G) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 12/08/1999.
ANNEXURE VI(H) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 13/08/1999.
ANNEXURE VI(I) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 26/08/1999.
..........2/-
Crl.Rev.Pet.No. 2133 of 2006
ANNEXURE VI(J) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 17/09/1999.
ANNEXURE VI(K) COPY OF THE LETTERS SENT BY THE 2ND RESPONDENT,
KEPT IN THE OFFICE OF THE PETITIONER DATED 12/10/1999.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
K. RAMAKRISHNAN, J.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crl. R. P. No.2133 of 2006
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated this the 27th day of November, 2014
O R D E R
Accused in C.C.No.993/1998 on the file of the Judicial First Class Magistrate Court-I, Ernakulam, are the revision petitioners herein.
2. The case was taken on file on the basis of a private complaint filed by the 2nd respondent against the revision petitioners, alleging offence under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act'). After trial, they were found guilty, convicted and sentenced for that offence. They filed Crl. Appeal No.83/2005 before the Sessions Court, Ernakulam, which was disposed of by the Additional Sessions Judge (Adhoc-I), Ernakulam, by allowing the appeal in part, confirming the order of conviction but modified the sentence alone. Aggrieved by the same, the above revision has been filed.
3. During pendency of the revision, the Crl. R. P. No.2133 of 2006 2 matter has been settled between the parties and they have filed Crl.M.A.No.6989/2014 for permission to compound and record compounding and that was allowed by relying on the decision reported in Damodar S. Prabhu v. Sayed Babalal H. [JT 2010 (4) (S.C.) 457] and also in the subsequent decision of the Supreme Court in Madhya Pradesh State Legal Service Authority v. Prateek Jain and Another [2014(4) KHC 115 (S.C.)], on payment of cost and the cost was paid and the application was allowed today and permission was granted and compounding was recorded. Once compounding is recorded, it will have the effect of deemed acquittal under Section 320(8) of the Code of Criminal Procedure, that benefit must be given to the revision petitioners.
3. So the revision is allowed. Order of conviction and sentence passed by the Judicial First Class Magistrate Court-I, Ernakulam, in C.C.No.993/1998 as modified in Crl.Appeal No.83/2005 of Additional Sessions Court (Adhoc-I), Ernakulam, against the revision Crl. R. P. No.2133 of 2006 3 petitioners are set aside and they are acquitted of the charge levelled against them, giving them the benefit of deemed acquittal under Section 320(8) of the Code of Criminal Procedure in view of the recording of composition of the case between the parties. They are set at liberty. The bail bond executed by them will stand cancelled. Office is directed to communicate this order to the concerned court, immediately.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss