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2025 Supreme(Ker) 2090

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. JAYAKUMAR
G.Sasidharan, S/o K.R.Gopalan – Appellant
Versus
Sree Gokulam Chit & Finance Co. (P) Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV SRI.P.K.MOHANAN(PALAKKAD)
For the Respondent: SRI.K.S.BABU, SRI.BABU SHANKAR, SMT.N.SUDHA, SRI. VIPINDAS.T.K

ORDER :

K.V. JAYAKUMAR, J.

The short question involved in this case is whether this Court can act upon a statement filed by the complainant that the matter has been settled amicably by the parties, without filing a compounding petition under Section 147 of the Negotiable Instruments Act or under Section 320 of the Code of Criminal Procedure, 1973?.

2. The 1st respondent/complainant, Sree Gokulam Chits and Finance Company Pvt. Ltd., initiated criminal prosecution against the petitioner/accused under Section 138 of the Negotiable Instruments Act [hereinafter referred to as ‘the NI Act’] for an amount due to the company.

3. The trial court vide judgment dated 27.03.2008 in C.C.No.121/2006 convicted and sentenced the revision petitioner/accused to undergo simple imprisonment for six months and directed to pay compensation of Rs.2,72,000/-. Impugning the judgment of the learned Magistrate, the accused preferred Crl.Appeal No.256/2008. The learned Additional Sessions Judge, Fast Track No.II, Palakkad allowed the appeal in part, modified and reduced the sentence to simple imprisonment for ten days and maintained the compensation. Aggrieved by the appellate court judgment, accused preferre

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