IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.MC.No. 4009 of 2009() ------------------------- ST.234/2006 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): ACCUSED -------------------------------- SUBRAMANIAN, S/O.RAJAN, RAJU NIVAS, ASRAMOM, GANDHI NAGAR-17, KOLLAM. BY ADV. SRI. K.SIJU KAMALASANAN SRI.S.SUDHEESHKAR SRI.PRATHEESH.P RESPONDENT(S): STATE ---------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. M/S.SREE GOKULAM CHIT & FINANCE CO.PVT. LTD., BISHOP JEROME NAGAR, KOLLAM REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE P.D.MADHU KUMAR, S/O.DAMODHARAN, THOPPIL HOUSE, NEERAVIL, PERINADU, KOLLAM. BY PUBLIC PROSECUTOR SRI.P.A. SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19/02/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4009 OF 2009 =========================== Dated this the 19th day of February,2010 ORDER Petitioner is the accused in S.T.234/2006 on the file of Chief Judicial Magistrate Court, Kollam. Learned Magistrate took cognizance of the offence under section 138 of Negotiable Instruments Act on a complaint filed by the second respondent. Annexure 6 order sheet of S.T.234/2006 establishes that on 30.5.2008, in the presence of the petitioner and second respondent, the case was referred to Lok Adalath. The proceedings dated 13.8.2008 shows that it is recorded by the learned Magistrate that the matter has been settled in the Lok Adalath. Still the case is seen adjourned for taking steps. On 14.5.2009 also it is recorded that complainant absent,applie.Accused present. Matter is settled in the Adalath and disposed Crl.M.C.4009/2009 2 of. Call on 7.8.2009. On 6.10.2009 as petitioner was absent, a non bailable warrant was issued. The proceedings dated 30.10.2009 reads:- “Complainant is present. Accused absent.No application or representation. So bail bond forfeited. Issue non bailable warrant against the accused and notice to his sureties to 30.10.2009.” This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that Annexure 2 the award of the Lok Adalath conducted by the District Legal Service Authority, Kollam establish that matter was settled for Rs.72,000/- and the amount shall be paid by ten monthly instalments and so the order dated 30.10.2009 is to be quashed. 2. The award is dated 14.6.2008. As stated earlier, Anneuxre 6 order sheet shows that 30.10.2009, the complainant was present in court. Crl.M.C.4009/2009 3 Annexure 4 certified copy of the petition filed by the second respondent complainant before the learned Chief Judicial Magistrate dated 30.10.2009, shows that second respondent has asserted that the matter has been settled in the Lok Adalath and the amount due under the settlement was already received by the second respondent and therefore second respondent has no objection for closing the case. Evidently, learned Magistrate did not accept the same as it is not filed as a petition under section 147 of the Negotiable Instruments Act. 3. The proceeding paper itself establishes that the case was referred to the Adalath. The award passed by the Adalath establishes that the matter has been settled and the second respondent has agreed to receive Rs.72,000/- in ten instalments. Annexure 4 petition filed by the second respondent establishes that, payment of that amount was received and therefore second respondent has no further claim.. Crl.M.C.4009/2009 4 4. In such circumstances, even if the award is not treated as the final disposal of S.T.234/2006, as it does not provide for conviction and sentence or acquittal Annexure 4 petition filed by the complainant should have been treated as a petition under section 147 of Negotiable Instruments Act and the offence should have been recorded as compounded. Petition is allowed. S.T.234/2006 on the file of Chief Judicial Magistrate Court,Kollam is compounded under section 147 of Negotiable Instruments Act, allowing Annexure 4 petition filed by the second respondent and the order passed by the learned Magistrate on 30.10.2009 forfeiting the bail bond and issuing non bailable warrant quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006