IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Crl.MC.No. 1875 of 2009() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.4530/2007 ST.1696/2004 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM. .................... PETITIONER(S): ACCUSED ------------------------------ N.D.JOSEPH, C-FLAT 46, FACT TOWNSHIP, UDYOGAMANDAL.P.O. ELOOR. BY ADV. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR RESPONDENT(S): COMPLAINANT ------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, SESSIONS COURT ERNAKULAM. 2. SYMON JOSEPH, MALIYIL HOUSE, PINDIMANA KARA, KOTHAMANGALAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1875 OF 2009 =========================== Dated this the 11th day of June,2009 ORDER Petitioner was convicted for the offence under section 138 of Negotiable Instruments Act. Petitioner challenged the conviction and sentence in Crl.R.P.4530/2007. As per order dated 17.12.2007 conviction was confirmed and sentence was modified to a fine of Rs.1,82,000/- to be paid within six months and in default simple imprisonment for three months. This petition is filed under section 482 of the Code of Criminal Procedure contending that Annexure C compromise was arrived at with the complainant and therefore petitioner is to be permitted to comply with the order in Crl.R.P.4530/2007 subject to the modification affected by the compromise. 2. Though an offence under section 138 of Negotiable Instruments Act is compoundable under section 147, once the conviction is confirmed and the said conviction and sentence is finally decided in the criminal revision petition, accused cannot thereafter compound the offence. Such a compromise cannot be Crl.M.C.1875/2009 2 given effect to as sought for by the petitioner invoking the inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure. Petition is therefore dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006