R.BASANT
Sabu George, S/o. George – Appellant
Versus
The Home Secretary – Respondent
Can composition of an offence under Section 138 of the N.I. Act even after the conviction and sentence have become final after the judgments of the trial, appellate and revisional courts be accepted?
(ii) If so, which court is to accept the same? Has the trial court, appellate court or the revisional court powers to accept such composition?
(iii) If no such court can accept such composition, can this court invoke its Constitutional powers under Article 226 of the Constitution or the original extraordinary inherent power under Section 482 Cr.P.C. to accept the composition and relieve the accused of the obligation to undergo the sentence of imprisonment?
2. These questions of importance arise for consideration in these petitions. As the questions raised were reckoned by me as important and vital, I had sought the assistance, which I get in good measure too, of Shri. S. Sreekumar, Standing Counsel for the C.B.I. and Shri. T.G. Rajendran, Advocate. All counsel have been heard in detail.
3. To the vital facts first. Crl.M.C.259 of 2007 and Crl.M.A.8626 of 2006 in Crl.R.P.No.7 of 2004 are both filed by some accused in a prosecution under Section 138 of the N.I. Act. The verdict o
State of Kerala v. M.M. Manikantan Nair (AIR 2001 SC 2145)
Raj Kapoor v. State (1980) 1 SCC 43).
B.S. Joshi v. State of Haryana (AIR 2003 SC 1386)
Moosa v. Sub Inspector of Police (2006 (1) KLT 552):
Smt. Sooraj Devi v. Pyare Lal & anr. (1981) 1 SCC 500)
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