P. J. Krishnakumar v. S. Santhosh and State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE V.K.MOHANAN** **THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932** **Crl.Rev.Pet.No. 586 of 2011()** **--------------------------------------** **CRA.88/2006 of I ADDL. SESSIONS COURT, PALAKKAD ST.1163/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD ....................** ## **REVN. PETITIONER(S): APPELLANT/ACCUSED** **------------------------------------------------------------------** **P.J.KRISHNAKUMAR,S/O.JANARDHANAN, RAJESWARY JEWELLERY WORKS, PUDUSSERY,PALAKKAD DISTRICT.** **BY ADVS. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI** ## **RESPONDENT(S): RESPONDENT/ COMPLAINANT & STATE** **-----------------------------------------------------------------------------------** **1. S.SANTHOSH,S/O.LATE SIVARAMAN, SREERAM NIVAS, LALBAHADOOR STREET, VADAKKANTHARA, PALAKKAD NOW RESIDING AT SREERAM NIVAS, MUTHANTHARA,PALAKKAD.** **2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.** ## **R1 BY ADV. SMT.A.PREMAKUMARI** **R2 BY PUBLIC PROSECUTOR SMT.REKHA C.NAYAR** **THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **tss** ## **V.K.MOHANAN, J.** ## **---------------------------------------Crl.R.P.No. 586 of 2011** **----------------------------------------** Dated this the 24[th] day of February, 2011 ## **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. 1568/2009, 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.586 of 2011** ## **-: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 17.11.2005 in S.T.C.No.1163 of 2004 of the Judicial First Class Magistrate Court-III, Palakkad and the judgment dated 11.1.2008 in Crl.A.No.88 of 2006 of the court of Ist Additional Sessions Judge, Palakkad Division 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.586 of 2011** ## **-:3:-** ## **V.K.MOHANAN, J.** **---------------------------------------Crl. M.A.No. 1568 of 2009 in Crl.R.P.No. 586 of 2009** **----------------------------------------** Dated this the 24[th] day of February, 2011 ## **ORDER** This is a petition filed under Section 147 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') 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 during the pendency of the cases, the petitioner/accused and first respondent/complainant have settled the dispute and the first respondent has received the entire amount covered by the cheque in dispute. The first respondent does not intend to prosecute the matter any further. 2. I have gone through the compounding petition and I am satisfied with the terms and conditions ## **Crl.R.P.No.586 of 2011** ## **-:4:-** incorporated therein and the petition is signed by both the revision petitioner and the first 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.5000/-, as per order dated 10.2.2011 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.5000/- to the Kerala State Legal Services Authority, vide Receipt No.229 dated 17.2.2011 in terms of the decision of the Supreme Court. As I am satisfied with the terms and the averments contained in the ## **Crl.R.P.No.586 of 2011** ## **-:5:-** compounding petition, which is signed by the revision petitioner as well as the first 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.586 of 2011** ## **-:6:-** ## **V.K.MOHANAN, J. --------------------------------------------Crl.M.A.No.7087 of 2010 in Unnumbered Crl.R.P.No. of 2010** **--------------------------------------------Dated this the 26[th] 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.586 of 2011** ## **-: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.586 of 2011** ## **-:8:-** **V.K.MOHANAN,** ## **J.** -------------------------------------------- Crl.A.NO. OF 200 ----------------------------------- J U D G M E N T ## **Crl.R.P.No.586 of 2011** ## **-:9:-** DATED: -2- 2010 ## **Crl.R.P.No.586 of 2011** ## **-:10:-** **V.K.MOHANAN, J** . O.P.No. **JUDGMENT** Dated:.. **V.K.MOHANAN, J** . ## **Crl.R.P.No.586 of 2011** ## **-:11:-** O.P.No. ## **JUDGMENT** Dated:..