IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.Rev.Pet.No. 3235 of 2010 --------------------------------- (CRA.942/2002 of VI ADDL.SESSIONS COURT, ERNAKULAM CC.352/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA) .................... REVN. PETITIONER(S): PETITIONER/APPELLANT/ACCUSED ------------------------- T.K.SHAJI, AGED 42 YEARS, S/O. T.C.KRISHNAN, THATTANKUDIYIL VEEDU, KAKKUCHIRA PUTHENPURA, PERUMBALLOR.P.O., MUVATTUPUZHA. BY ADV. SRI.PEEYUS A.KOTTAM SRI.NAVEEN THOMAS SRI.K.V.VIMAL RESPONDENTS(S): STATE & COMPLAINANT --------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-682031 2. V.J.BABY, VATTAKKATTU VEEDU, SOUTH MARADY KARA, MARADY VILLAGE. PIN-686673. BY PUBLIC PROSECUTOR SRI.V.TEK CHAND FOR R2. BY ADV. SRI.C.R.SANISH FOR R2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.R.P.No. 3235 of 2010 ---------------------------------------- Dated this the 11th day of November, 2010 ORDER The revision petitioner is the accused in a prosecution for the offence under section 138 of the N.I.Act and the trial court as well as the lower appellate court found that the accused is guilty and accordingly he is convicted and sentenced for the said offence. 2. Today by a separate order, in Crl.M.A.No. 10376/2010, this court allowed the parties to compound the offence and accordingly, the composition of the said offence is recorded. The revision petitioner has also complied with the condition of paying cost, as fixed by this Court, on the basis of the guideline issued by the Apex Court in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457]. In the light of the composition of the offence between the Crl.R.P.No.3235 of 2010 -:2:- contesting parties, I am of the view that this Crl. R.P can be allowed, acquitting the accused in terms of Section 320(8) of Cr.P.C. 3. In the result, this Crl.Revision petition is allowed setting aside the judgment dated 20.11.2002 in C.C.No.352 of 1999 of the Judicial First Class Magistrate Court-I, Muvattupuzha and the judgment dated 9.6.2003 in Crl.A.No.942 of 2002 of the court of the VI Additional Sessions Judge, Ernakulam and acquitting the revision petitioner of all the charges levelled against him in the above case and he is set at liberty. The Crl.R.P is allowed accordingly. V.K.MOHANAN, JUDGE MBS/ Crl.R.P.No.3235 of 2010 -:3:- V.K.MOHANAN, J. ---------------------------------------- Crl. M.A.No. 10376 of 2010 in Crl.R.P.No. 3235 of 2010 ---------------------------------------- Dated this the 11th day of November, 2010. ORDER This is a joint petition filed under Section 147 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') and 320 of the Crl.P.C. to compound the offence under Section 138 of the N.I.Act. The dispute is the subject matter of the Crl.R.P. In the petition, it is stated that the dispute between the petitioner/accused and second respondent/ complainant has been settled out of court. It is also stated that the dispute between the parties is purely civil in nature and since both the parties have sorted out the dispute, there is no need to proceed further with the case. 2. I have gone through the compounding petition Crl.R.P.No.3235 of 2010 -:4:- and I am satisfied with the terms and conditions incorporated therein and the petition is signed by both the revision petitioner and the second respondent/ complainant and countersigned by their respective counsel. Considering the particular facts and circumstances involved in the case, especially, in the light of the discretion granted to this Court by the Apex Court in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457], the revision petitioner was permitted to file the compounding petition depositing an amount of Rs.7500/- in the Kerala State Legal Services Authority, as per order dated 20.10.2010 so as to enable him to move this Court to compound the offence for which he is convicted and sentenced. The revision petitioner has paid a sum of Rs.7500/- being the cost to the KELSA, vide Receipt No.155 dated 2.11.2010 in terms of the decision of the Crl.R.P.No.3235 of 2010 -:5:- Supreme Court. As I am satisfied with the terms and the averments contained in the compounding petition, which is signed by the revision petitioner as well as the second respondent and countersigned by their respective counsel, permission is granted to compound the above offence and the composition is recorded. V.K.MOHANAN, JUDGE MBS/ Crl.R.P.No.3235 of 2010 -:6:- V.K.MOHANAN, J. --------------------------------------------- Crl.M.A.No.7087 of 2010 in Unnumbered Crl.R.P.No. of 2010 --------------------------------------------- Dated this the 26th day of July, 2010 O R D E R This is an application to condone the delay of 1735 days occurred in filing the Crl.R.P. 2. Learned counsel for the revision petitioner submitted that the petitioner is an Ex-Serviceman and after the impugned judgment, the matter has been settled out of court and a compounding petition has also been filed along with the revision petition and there is no contention on merit. 3. Having regard to the above facts and circumstances, especially when the contesting parties settled the matter, I am of the view that the petitioner can be given an opportunity to settle the matter and to redress his grievance. Crl.R.P.No.3235 of 2010 -:7:- In the result, the delay of 1735 days in filing the Criminal Revision Petition is condoned and the Registry is directed to number the Crl.R.P. V.K.Mohanan, Judge. MBS/ Crl.R.P.No.3235 of 2010 -:8:- V.K.MOHANAN, J. -------------------------------------------- Crl.A.NO. OF 200 ---------------------------- -------- J U D G M E N T Crl.R.P.No.3235 of 2010 -:9:- DATED: -2- 2010 Crl.R.P.No.3235 of 2010 -:10:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:.. V.K.MOHANAN, J. Crl.R.P.No.3235 of 2010 -:11:- O.P.No. JUDGMENT Dated:..