IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.MC.No. 553 of 2009() ---------------------------------- ST. NO.3512/1994 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHITTUR. CRA. NO.14/1997 OF IIND ADDL. SESSIONS COURT, PALAKKAD. ......... PETITIONER(S): APPELLANT/ ACCUSED ------------------------ P.B.YAKOOB, S/O. BAVA RAWTHER, PALAKKUNNAM HOUSE, KINASSERY POST, PALAKKAD. BY ADV. MR .H.BADARUDDIN RESPONDENT(S): LEGAL HEIRS OF COMPLAINANT& STATE ---------------------------- 1. VIJAYAMMAL, W/O. LATE P.R.CHOUNDAPPA CHETTIAR, KUTHAMPULLU, THIRUILWAMALA, THRISSUR DISTRICT. 2. V.C.KRISHNA RAJ, S/O. LATE P.R.CHOUNDAPPA CHETTIAR, KUTHAMPULLY, THIRUVILWAMALA, THRISSUR DISTRICT. 3. V.C. SOMASUNDARAN, S/O.LATE P.R.CHOUNDAPPA CHETTIAR, KUTHAMPULLY , THIRUVILWAMALA, THRISSUR DISTRICT. 4. KANAKARAJ, S/O. LATE P.R.CHOUNDAPPA CHETTIAR, KUTHAMPULLY, THIRUVILWAMALA, THRISSUR DISTRICT. 5. RAJATHII, W/O. LATE V.C.RAMACHANDRAN, KUTHAMPULLY , THIRUILWAMALA, THRISSUR DISTRICT. CRMC. NO.553/2009 6. ANITHA, D/O. LATE V.C.RAMACHANDRAN, KUTHAMPULLY , THIRUVILWAMALA, THRISSUR DISTRICT. 7. ARUN KUMAR, S/O. V.C. RAMACHANDRAN, KUTHAMPULLY, THIRUVILWAMALA, THRISSUR DISTRICT. 8. STATE OF KERALA REP.BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.553 of 2009 ---------------------------------------- Dated this the 5th day of February 2009 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution for the offences punishable under Section 138 of the Negotiable Instruments Act. He preferred an appeal before the Sessions Court . The same was dismissed. He preferred a revision before this court and the same was dismissed on 26/7/2007. The petitioner has now come before this court with a prayer that the post revision composition entered into between him and the complainant may be accepted and the verdict of guilty, conviction and sentence may be set aside by invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. A single Judge of this court had taken the view in Sabu George v. Home Secretary [2007(1) KLT 982] that such a post revision composition can be reckoned as a valid and sufficient ground to invoke the extraordinary inherent jurisdiction. But the later decision in Sudheer Kumar v. Kunhiraman [2008(1) KLT 168] has overruled the said decision on that aspect. It is, in these circumstances, not possible for this court to accept the prayer for composition. If Crl.M.C.No.553/09 2 the matter has been settled, the petitioner along with the complainant must report the fact of such settlement before the superior court - the Supreme court and seek decision. I am of the opinion that in the light of the decision in Sudheer Kumar (Supra), the petitioner cannot claim the relief which he has now sought from this court. 2. The learned counsel for the petitioner submits that the petitioner is badly ill and is hospitalised for amputation of leg. He prays that breathing time may be granted to the petitioner to move the Supreme Court and seek the relief. The petitioner can apply before the learned Magistrate with all the circumstances and the prayer of the petitioner to keep the execution suspended for a reasonable time will have to be considered by the learned Magistrate and appropriate orders passed. 3. This Crl.M.C is dismissed with the above observations. 4. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.553/09 3 Crl.M.C.No.553/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008