Kerala High Court
Saila Kumari vs Unknown on 9 August, 2012
Author: C.T.Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
THURSDAY, THE 9TH DAY OF AUGUST 2012/18TH SRAVANA 1934
Crl.Rev.Pet.No.406 of 2008 (A)
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CRA.44/2006 of ADDL.SESSIONS COURT (ADHOC)-II, PATHANAMTHITTA
CC.2/2004 of C.J.M.PATHANAMTHITTA
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
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SAILA KUMARI, MULAMOOTTIL HOUSE,
PARAYANALI, OMALLOOR, PATHANAMTHITTA.
BY ADV. SRI.S.SREEKUMAR
COMPLAINANT(S)/COMPLAINANTS:
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1. N.BHANUMATHI, PANJAJANYAM,
IYMALI EAST, OMALLOOR, PATHANAMTHITTA.
2. STATE OF KERALA, REPRESENTED
BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM.
R1 BY ADVS. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL
SRI.S.VISHNU
R2 BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 09-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VPV
C.T. RAVIKUMAR, J.
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Crl. R. P. No. 406 of 2008
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Dated this the 9th day of August, 2012
ORDER
The petitioner who was the accused in C.C. No. 21/2004 of the Court of Chief Judicial Magistrate, Pathanamthitta. This revision petition is against the judgment of conviction passed by the Court of Sessions, Pathanamthitta in Criminal Appeal No. 44/2006. There is concurrent verdict of conviction and sentence against the revision petitioner. The matter was sent for mediation before the High Court Mediation Centre. After the mediation, the parties have entered in to a settlement and the settlement of agreement was executed in terms of the provisions under Rule 23 of the Civil Procedure (ADR) Rules, 2008. The same was forwarded along with a report of the Mediator dated 21.05.2012. Going by the terms of settlement the parties have agreed to settle the dispute for a amount of Rs.1,25,000/-. The petitioner agreed to pay an amount of Rs.75,000/- in cash as per the agreement. An Crl. R. P. No. 406 of 2008 -2- amount of Rs.50,000/-, which is now remaining in deposit before the Court of Chief Judicial Magistrate, Pathanamathitta could be withdrawn by the 1st respondent, complainant in terms of the said agreement. In this context, it is apposite to note that even going by the impugned judgments of the courts below the amount of fine was directed to be given to the complainant as compensation under Section 357(1) Cr.P.C. Evidently, in terms of the agreement Rs.30,000/- was paid on 25.04.2012 and the balance amount of Rs.45,000/- to be paid in cash, was paid, on 14.05.2012. In the circumstances, based on the said agreement and the subsequent development the parties have jointly filed a petition under Section 147 of the Negotiable Instruments Act. An offence under Section 138 of the Negotiable Instruments Act is compoundable in terms under Section 147 of the Negotiable Instruments Act. In view of the circumstances, I am inclined to grant permission to compound the offence under Section 138 of the Crl. R. P. No. 406 of 2008 -3- Negotiable Instruments Act. Resultantly, the offence under Section 138 of the Negotiable Instruments Act against the revision petitioner is compounded. In the circumstances explained above, the conviction and sentence imposed against the revision petitioner as per judgment in C.C. No. 21/2004 that was confirmed by the judgment in Crl. Appeal No. 44/2006 are set aside. The petitioner is acquitted. The bail bond, if any, will stand cancelled. It was further ordered that the amount now remaining in deposit Rs.50,000/- before the Court of Chief Judicial Magistrate Court, Pathanamthitta, in C.C. No. 21/2004, shall be released to the first respondent, complainant on proper application, in terms of the settlement and this order.
Sd/-
C.T. RAVIKUMAR, JUDGE /True copy/ P. A. to Judge Pn