Kerala High Court
Shaji Thomas vs H.M.T.Ltd on 2 July, 2003
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 1ST DAY OF MARCH 2017/10TH PHALGUNA, 1938
Crl.Rev.Pet.No. 2482 of 2004 (A)
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AGAINST THE JUDGMENT IN CRL.APPEAL NO.440/2002 of ADDITIONAL SESSIONS
COURT, N. PARAVUR PARAVUR DATED 02-07-2003
AGAINST THE JUDGMENT IN CC 1293/1998 of J.M.F.C.-II, ALUVA
DATED 24-06-2002
REVISION PETITIONER(S)/ACCUSED/APPELLANT ::
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SHAJI THOMAS, PROPRIETOR
BASE PRINTING DIVISION, CHELLAMBAL BUILDINGS,
JEWEL JUNCTION, M.C. ROAD, KOOTHATTUKULAM.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENT(S)/COMPLAINANT/RESPONDENT & STATE::
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1. H.M.T.LTD, REP. BY ITS ACCOUNTS OFFICERR
KALAMASSERY, REPRESENTED BY ITS, ACCOUNTS OFFICER
N. SIVAPRASAD.
2. STATE OF KERALA, REPRESENTED BY
THE PUBLIC PROSECUTOR, HIGH COURT OF, KERALA, ERNAKULAM.
R1 BY ADV. SRI.SAJI VARGHESE
R1 BY ADV. SMT.MARIAM MATHAI
BY PUBLIC PROSECUTOR SRI. B.R. MURALEEDHARAN.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 01-03-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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P.D. RAJAN, J.
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Crl.R.P.No.2482 of 2004
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Dated this the 1st day of March, 2017
JUDGMENT
This revision petition is preferred by the accused against the judgment in Crl.Appeal No.440/2002 of Additional Sessions Judge, North Paravur. He was the accused in C.C. No.1293/1998 of Judicial First Class Magistrate Court-II, Aluva, which was filed u/s.138 of the Negotiable Instruments Act. The learned Magistrate convicted the accused and sentenced to simple imprisonment for six months and directed to pay compensation of 3 lakhs u/s.357(3) Cr.P.C. Against that, he preferred the above appeal before Additional Sessions Court, North Paravur, where the learned Additional Sessions Judge dismissed the appeal. Being aggrieved by that, the accused preferred this revision petition.
2. When the matter came up for hearing, the learned Crl.R.P..No.2482/2004 2 counsel for the revision petitioner and the 1st respondent submitted that the parties have settled the matter out of court for 5 lakhs. The revision petitioner paid 3.5 lakhs directly to the 1st respondent. The balance amount of 1.5 lakhs had already been deposited in the Judicial First Class Magistrate Court-II, Aluva. When parties are settling the matter, this Court has no objection in allowing the compromise petition. According to Section 147 of the N.I.Act, notwithstanding anything contained in the Code of Criminal Procedure 1973, every offence punishable under the NI Act shall be compoundable. According to Section 320(6), a High Court or Court of Sessions while exercise of its powers of revision under Section 401 may allow any person to compound any offence which such person is competent to compound under this section. When the composition of offence under the Section is made, it shall have the effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) Cr.P.C.
Crl.R.P..No.2482/2004 3
In view of the compromise, the conviction and sentence passed by the Judicial First Class Magistrate Court-II, Aluva under Section 138 of N.I.Act are set aside. Accused is acquitted and set at liberty. In view of the decision of the Apex Court in Damodar S. Prabhu V. Sayed Babulal (AIR 2010 SC 1907), the revision petitioner is directed to pay Rs.500/- to the High Court Legal Service Committee within one week from today. The learned Judicial First Class Magistrate-II, Aluva is directed to disburse 1.5 lakhs to the first respondent - HMT Machine Tools Ltd., represented by its Accounts Officer,deposited by the revision petitioner. Revision petition is disposed of as above.
P.D. RAJAN, JUDGE.
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