IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Crl.MC.No. 1505 of 2009() ------------------------- AGAINST THE JUDGEMENT/ORDER IN CRRP.326/2002 ST.155/1998 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER(S): ACCUSED: ----------------------------------------- V.S. THAMPI, S/O.V.K. SUGATHAN, VACHUSSERIL VEEDU, SANATHANAM WARD, ALAPPUZHA. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT:STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. P.V. JOSEPH, S/O.P.C. UTHUP, PANAMBERIL HOUSE, ARATTUVAZHI WARD, ALAPPUZHA. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1505 OF 2009 =========================== Dated this the 12th day of June,2009 ORDER Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act by Chief Judicial Magistrate, Alappuzha in S.T.155/1998. Challenging the conviction as confirmed by the Sessions Court in appeal, petitioner filed Crl.R.P.323/2002. As evidenced by Annexure I order dated 4.7.2008, the offence was compounded under section 147 of Negotiable Instruments Act as permitted by this court. Crl.R.P.326/2002 was also filed by the petitioner challenging the order in revision in Crl.R.P.48/2001, which was also heard and disposed along with Crl.A.206/2001 enhancing the sentence. That revision was dismissed as not pressed in view of the composition of the offence. This petition is filed to quash Annexure 3 notice issued to the sureties alleging violation of the bond executed in S.T.155/1998 as they did not produce the petitioner. 2. When the offence under section 138 of Negotiable Instruments Act stood compounded as provided Crl.M.C.1505/2009 2 under section 147 of Negotiable Instruments Act, by Annexure 1 order of this Court in Crl.R.P.323/2002 learned Magistrate could not have proceeded against either the accused or his sureties in execution of the sentence which stood erased consequent to the composition of the offence under Annexure 1 order dated 4.7.2008. Annexure 3 notice shows that it was issued subsequent to Annexure 1 order of this court. It is perse invalid. Petition is allowed. Annexure 3 notice and the proceedings initiated in S.T.155 of 2008 on the file of Chief Judicial Magistrate, Alappuzha against the petitioner and the sureties subsequent to the composition of offence is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006