The court can invoke Section 482 Cr.P.C. to consider changed circumstances and compliance with court conditions in criminal cases.

JUDGMENT :

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to record the compromise and acquit the petitioner from conviction and sentence imposed by I Additional Sub Judge, Tirunelveli in CA No.64 of 2005 dated 31.03.2006 in confirming the judgment of the Judicial Magistrate, Tenkasi, Tirunelveli District in CC No.542 of 2003 dated 17.2.2005 and release the petitioner from Central Prison, Palayamkottai by compounding the offence.

1. This petition has been filed seeking direction to record the compromise and acquit the petitioner from conviction and sentence imposed by I Additional Sub Judge, Tirunelveli in CA No.64 of 2005 dated 31.03.2006 confirming the judgment of the Judicial Magistrate, Tenkasi, Tirunelveli District in CC No.542 of 2003 dated 17.2.2005 and release the petitioner from Central Prison, Palayamkottai.

2. The learned counsel for the petitioner would submit that the respondent initiated proceedings under Section 138 of the Negotiable Instrument Act against the petitioner and in the said proceedings, the petitioner was convicted and sentenced to undergo one year simple imprisonment and to pay a fine of Rs.4000/- indefault to undergo three months simple imprisonment by judgment dated 17.02.2005. As against which, the petitioner preferred appeal in C.A.No.64 of 2005 and the learned I Additional Sub Judge, Tirunelveli vide judgment dated 31.03.2006 dismissed the same and confirmed the conviction and sentence imposed by the trial court. Challenging the same, the petitioner preferred revision before this Court in Crl.R.C(MD) No.69 of 2007 and this Court by order dated 03.12.2010 modified the sentence and directed him to pay a fine of Rs.1,00,000/- in addition to the fine amount already paid as compensation to the complainant instead of one year simple imprisonment imposed by the court below. Even after the dismissal of the revision, the petitioner did not comply with the conditions imposed by this Court. Therefore, he was remanded to prison on 30.08.2019.

3. The learned counsel for the petitioner would further submit that as directed by this court, the petitioner has now complied with the said condition and paid the entire amount to the defacto complainant and the defacto complainant has also accepted the same. Today the defacto complainant also present before the Court and stated that the entire amount was received by him from the petitioner.

4. The learned counsel for the petitioner relied upon the judgment of this Court in the case of R.Sivakala vs. D.Sethuram in 2019 (2) T.N.L.R. 368 (Mad)], wherein it is held as follows:

“5. .......D.Simpson and Ors. Versus S.T.Perumal and Ors reported in MANU/TN/0928/2014, wherein this Court had elaborately dealt, as regards the principal of functus officio would not apply even after the dismissal of the revision filed before this Court and making reliance on Judgments of the Hon'ble Apex Court in these aspects has held as follows:-

“21. Having so understood the sweep of the powers under Section 482 Cr.P.C. I need only mention that the powers under Article 226 /227 of the Constitution are coextensive if not wider in its sweep. The powers under Section 482 Cr. P.C. as also Article 226 and 227 of the Constitution are available with the Court to do justice in a given case when the conscience of the Court is satisfied that powers must be invoked.

22. It will be apposite to straight away look at Section 320 Cr. P.C. again. Section 320 does not specifically refer to composition prior to the commencement of the prosecution or of composition after the sentence has become final. Section 320, which must be reckoned as consolidating the law relating to composition, does not specifically refer to pre-cognizance and post-finality (of conviction) compositions. Section 320(9) Cr. P.C. only says that there shall be no composition except in accordance with the provisions of Section 320 Cr. P.C. In as much as Section 320 does not specifically refer to compositions-precognizance or pos