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2007 Supreme(Ker) 673

JACOB BENJAMIN KOSHY, K.HEMA
Sudheer Kumar @ Sudheer – Appellant
Versus
Manakkandi M K Kunhiraman – Respondent


ORDER

J.B. Koshy, J.

1. Whether an offence under Section 138 of the Negotiable Instruments Act can be compounded after the confirmation of the conviction passed by the Magistrate Court, by the appellate court and High Court in revision ? Whether an order passed by the High Court in a criminal revision petition confirming the conviction can be nullified by the High Court in a petition filed under Section 482 of Cr.P.C. noticing subsequent compromise of the case by the contesting parties ? What is the effect of the non obstante clause 'notwithstanding anything contained in the Code of Criminal Procedure (Cr.P.C)' in Section 147 of the N.I.Act ? These are the main questions to be considered in this case. In Sabu George v. Home Secretary (2007 (1) KLT 982) , it was held by the learned Single Judge of this Court that offence under Section 138 can be compounded even after confirmation of the conviction by the High Court in revision and considering the subsequent facts of compromise, necessary relief can be given in a petition under Section 482 of the Cr.P.C. by this Court. Another learned Single Judge of this Court expressed doubt about the correctness of the above decision and thus referr





















































































































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